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2019 (4) TMI 1452 - HC - Income TaxStay of demand - Petitioner was directed to remit 20% of the demand on or before 15.03.2019 - HELD THAT - The petitioner shall pay 50% of the amount directed in the conditional order in two instalments. First of such intalment shall be paid on or before 31.03.2019 and balance 50% within a further period of one month. Impugned order accordingly modified as above. The appeal shall be disposed of as expeditiously as possible.
Issues: Impugning a conditional order of stay passed by the Commissioner of Income Tax
Analysis: The petitioner challenged a conditional order of stay issued by the Commissioner of Income Tax, (Appeals), demanding a total of Rs. 44,82,72,598. The order required the petitioner to remit 20% of the demand by a specified date as a condition for the stay. The petitioner argued that the amount was excessively high, amounting to over Rs. 9 Crore, which they could not afford to pay. Considering the circumstances, the court modified the order, directing the petitioner to pay 50% of the demanded amount in two instalments. The first instalment was to be paid by a certain date, and the remaining 50% within a month thereafter. The court emphasized expeditious disposal of the appeal in light of the modified order. Ultimately, the writ petition was disposed of in accordance with the court's decision.
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