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2014 (5) TMI 361

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..... ssessee was required to deposit approximately 15% of the total demand – the petitioner is to be directed to deposit an amount of Rs.6 crores - the balance amount would be stayed till the disposal of the stay application before the CIT (A) – Partial stay granted. - Writ Tax No. - 279 of 2014 - - - Dated:- 30-4-2014 - Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,CJ And Hon'ble Dilip Gupta, .....

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..... t. The stay application is still to be taken up for disposal. The petitioner has sought a direction in these proceedings to the CIT (A) to dispose of the stay application and, in the meantime, a direction to the Assessing Officer not to treat the petitioner as an assessee in default untill the stay application is disposed of. The submission of the petitioner is that registration has been gra .....

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..... counsel submitted that though, in the case of the petitioner, a learned Single Judge of this Court, while disposing of Writ Tax No.762 of 2013 (Agra Development Authority Vs. Union of India and another) on 29 August 2013, had directed a deposit of approximately 15% of the total demand, there is a subsequent decision of the Lucknow Bench in Commissioner of Income Tax-I, Lucknow Vs. Lucknow Develop .....

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..... itioner to deposit half of the amount in relation to which no interim order had been granted. In other words, the petitioner was required to deposit approximately 15% of the total demand. In our view, the ends of justice would be met, if the petitioner is directed to deposit an amount of Rs.6 crores, pending the disposal of the stay application before the CIT (A) and on that condition, a stay of t .....

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