9911796707
TMI Blog2023 (8) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... on 17.01.2023 for a period of two months from today. The Appellate Commissioner / fourth respondent before whom appeal of the petitioner is pending shall endevour to dispose of the above appeal, within a period of two months from the date of receipt of copy of this order. The petitioner is directed to cooperate with the Appellate Commissioner namely the fourth respondent. In case, for any reason the appeal is not disposed of by the fourth respondent, the respondents may call upon the petitioner to pay amount in terms of taking note of the decision of the Hon'ble Supreme Court in the case of PCIT vs. LG Electronics India (P.) Ltd [ 2018 (7) TMI 1905 - SC ORDER] has held that tax authorities are authorised to grant waiver of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02.1993 Instruction No.1914 4. The petitioner has also placed reliance on the decision rendered in the context of CBDT Instruction No.1914 dated 02.12.1993 in the following cases:- (i) Mrs. Kannammal -vs- Income Tax Officer in W.P.No.3849 of 2019 dated 13.02.2019 ; (ii) KEC International Ltd., -vs- B.R. Balakrishnan Others in [(2001) 251 ITR 158 (Bom)] ; (iii) Flipkart India (P.) Ltd., -vs- Assistant Commissioner of Income-tax, circle 3(1)(1), Bengaluru [2017] 396 ITR 551 (Karnataka) ; (iv) UTI Mutual Fund -vs- ITO in [2012] 19 taxmann.com 250 (Bom.,) 5. The petitioner had filed an application under Section 154 of the Income Tax Act for rectification of the Assessment Order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents on the other hand would submit that although the Assessment Order dated 19.03.2022 for the Assessment Year 2015-16 has been modified by an order passed under Section 154 of the Income Tax Act, on 17.01.2023, the petitioner is still required to pre-deposit 20% of the aforesaid amount of Rs. 5,47,81,210/- in terms of the guidelines circulars of the board. Hence, prayed for suitable direction to the petitioner to deposit the 20% of the amount that stands now modified by the rectification order. 8. I have considered the arguments advanced by the learned counsel for the petitioner and the respondents. There is no dispute that the petitioner has filed the appeal against the Assessment Order dated 19.03.2022. The petitioner was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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