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2017 (1) TMI 317 - HC - Income TaxStay on recovery of demand - Application filed under Section 220(2) rejected - genuine hardship - attachment of property by way of enforcement of law by the department - Held that:- The schedule of the properties which were attached as per the documents produced by the petitioners themselves at Annexure-"G" shows that there are huge immovable properties totally 12 in number in the peripheral area of Bangalore city. Therefore, if a person is having large number of immovable properties and can pay the amount of interest by sale or realization of money from the property, it cannot be said to be a genuine hardship as sought to be canvassed. On the contrary, the quantum of amount of ₹ 45,11,093/- is a tip in the iceburg in comparison to huge value of 12 properties belonging to the assessee. If the person has the capacity to pay, may be by out of his movable or immovable properties and inspite of that the ground is contended as of hardship, same cannot be termed as genuine hardship. If such hardship is treated as genuine hardship, it would defeat the purpose of consideration of the genuine hardship. No case is made out for interference.
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