9911796707
TMI Blog2025 (3) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... till the disposal of the appeal dated 31.05.2024, filed by the petitioner against the assessment order dated 28.12.2023 passed in respect of the Assessment Year 2019-2020. 2. The learned counsel for the petitioner submits that the petitioner is engaged in the retail trading of petrol and diesel and has been appointed as a non-exclusive dealer of M/s.Indian Oil Corporation Limited pursuant to a Memorandum of Agreement dated 26.06.2007. In this context, on 16.05.2024, the petitioner received a notice demanding tax dues for the Assessment Years 2014-2015 and 2019-2020, amounting to Rs. 31,230/- under Section 143(1)(a) of the Income Tax Act, 1961, and Rs. 8,31,30,150/- under Section 147 of the Income Tax Act, 1961. At that time, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 09.12.2024, the first respondent further requested additional documents. Subsequently, the first respondent passed the impugned order rejecting the request to stay the recovery proceedings, demanding payment, and attaching the petitioner's bank accounts. Aggrieved over the same, the petitioner has filed the present Writ Petition. 4. Mr.N.Dilip Kumar, learned Senior Standing Counsel appearing for the respondents submits that mere filing of an appeal before the Commissioner of Income Tax (Appeals) does not, by itself, grant the assessee the right to stay the collection of the demand. The assessee must comply with the prescribed conditions under the Income Tax Act and relevant CBDT instructions, including making the requisite pre-deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondents also submits that if the assessee fails to pay the 20% of the disputed demand as per the CBDT's instructions, coercive measures for the recovery of the demand will be initiated. These measures may include attachment of bank accounts, property, or other assets of the assessee, as provided under the provisions of the Income Tax Act. The Department has no other option, but to take such measures, if the assessee does not comply with the directions issued by the Department and therefore, the learned Senior Standing Counsel prayed for dismissal of the Writ Petition. 8. Heard both sides. 9. After considering the submissions of both parties, this Court finds that the Department has followed the prescribed procedure in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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