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2013 (5) TMI 667 - HC - Income TaxStay application - plea of genuine hardship - Commissioner directed the assessee to pay the demand by way of installments of Rs. 80 crores each month, the first being due on 20.05.2013 as initially, the installments are to be for Rs. 15 crores each month - Held that:- As petitioner is under no position (financially) to make the payments as per the directions of the Commissioner by virtue of the impugned order and that the petitioner has an excellent case Commissioner ought to have stuck to the same methodology of payment as indicated in the earlier order dated 11.02.2013 where only directed the payment of the undisputed amount of Rs. 369 crores by requiring payment in two installments of Rs. 15 crores each so that the amount of Rs. 30 crores is collected by the end of financial year 2012-2013. Since the Commissioner had initially only directed payment of installments of Rs. 15 crores each month, the same should have been continued even by virtue of the subsequent order, particularly, as at the stage of passing the subsequent order, the petitioner had clarified that the entire amount was disputed. That being so, order of the Commissioner dated 08.05.2013 modified to the extent that instead of paying installments of Rs. 80 crores each month, the petitioner shall pay installments of Rs. 15 crores each month. The first installment shall be due on 31.05.2013 followed by payments each month to the extent of Rs. 45 crores. Also CIT (Appeals) directed to dispose of the appeal positively within three months, that is, by 31.08.2013.
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