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2025 (3) TMI 723

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..... sting the petitioner to furnish the details of 20% of the tax paid in total arrears as per the notification of the Central Board of Direct Taxes HELD THAT:- Upon reviewing the order of this Court in Queen Agencies [2021 (4) TMI 609 - MADRAS HIGH COURT] it is found that this Court had elaborately discussed the powers to be exercised by the Assessing Officer that Principal Commissioner of Income Ta .....

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..... petitioner has filed this writ petition. 2. The case of the petitioner is that the respondent issued an assessment order under Section 147 read with Section 144B of the Income Tax Act, dated 16.03.2023, wherein, an addition of Rs. 1,13,52,481/- was made to the income as unexplained income under Section 69A and a tax demand of Rs. 1,80,63,082/- was levied. Aggrieved by the assessment order dated .....

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..... appeal pending before the Commissioner of Income Tax (Appeals) is disposed of. However, the application for stay was rejected by the impugned order dated 31.01.2025. Hence, the petitioner is constrained to file the present writ petition. 4. The learned counsel for the petitioner by producing an order of this Court in Queen Agencies v. Assistant Commissioner of Income Tax (Circle - 1), [WP(MD) No. .....

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..... nding counsel claim that at present the assessee's are indiscriminately filing the stay petitions. They move the appellate authority, the assessing officer and also the Principal Commissioner of Income Tax simultaneously. The Principal Commissioner of Income Tax is only the reviewing authority. It is only when the assessing officer makes a reference or if the assessee is aggrieved by the order pas .....

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..... emitted back to the respondent for fresh consideration. The respondent shall pass orders in accordance with the law within a period of three months. Until then, no coercive steps shall be taken against the petitioner to collect the disputed tax pending appeal before the Appellate Authority. 9. The writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous .....

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