Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 919 - HC - Income TaxRecovery notice - stay proceedings - Held that:- Provisions of Section 2(B)(iii) read with Section 220(6) of the IT Act, this court is of the opinion that it shall be left for the assessing officer at the first instance to decide the application for grant of stay moved by the petitioner and which is pending consideration before him including that of grant of complete stay of the execution of the recovery notice. In the event if the application is decided against the interest of the petitioner, it shall be left open for the petitioner to avail the remedy available under the said circular of moving before the Principal Commissioner, Income Tax challenging the order of assessing officer made under Section 220(6) of the IT Act. Needless to mention that since the said clause 2(B)(iii) empowers the authorities for grant complete waiver of the pre-deposit part, the authority concerned, pending consideration the stay application, both at the stage of assessing officer as well as if it is moved before the Principal Commissioner, Income Tax, they shall not take any coercive steps for making the recovery. Taking into consideration the entire factual matrix of the case, and with the consent of the counsel for 60th the parties this court is also of the view that ends of justice would meet if the appeal preferred by the petitioner itself is decided by the Commissioner (Appeals) at the earliest preferably within a period of three months.
|