Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (5) TMI 661 - HC - Income TaxDemand notice - Direction to pay Rs. 5,00,000/- issued by CIT(A) in exercise of the powers u/s 220(6) r.w.s. 120 founded on the conclusion that the petitioner was claiming exemption under Section 12A - Held that:- The basis on which CIT issued the demand notice to the petitioner being untenable, the direction so issued cannot stand to reason and will have to be set aside, being perverse. The fact that the petitioner has resorted to rectification and/or appeal proceedings against the decision of the AO, does not mean that the petitioner should be forced to pay amount of Rs. 5,00,000/-, as condition precedent on the assumption that the petitioner was liable to pay tax to the extent of Rs. 79, 43,170/-, which as aforesaid, is completely misplaced and which view suffers from non application of mind. Accordingly the impugned communication is quashed and set aside.
|