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2023 (1) TMI 868 - HC - Income TaxStay of demand - Recovery of Income-Tax arrears - Request for payment of 20% of the demand - Income liable to be taxed for the assessment year 2012-2013 - petitioner No.1 an association of person or not? - As contended petitioner No.1 does not constitute an association of person and cannot be taxed and that the consideration received by petitioner No.1 has been completely distributed between petitioner Nos.2 and 3 as per the joint venture agreement and that it is petitioner Nos.2 and 3 who are liable to be taxed - HELD THAT:- Income Tax Appellate Tribunal has remanded the matter back to the Commissioner of Income Tax (Appeals)-6, respondent No.3 herein, on 28.02.2018 itself. For reasons best known to him, he is yet to decide the said matter. It is only upon examining the case of the petitioners by respondent No.3, it can be concluded whether petitioner No.1 is an association of person, who is liable to tax or not. Under the circumstances, it is not appropriate for respondent No.4 to demand 20% of the alleged dues as late as in the year 2022 and the same is liable to be set aside. The demand of respondent No.4 as against petitioner No.1 is hereby set aside - Respondent No.3 – Commissioner of Income Tax (Appeals)-6 is hereby directed to dispose of the case of the petitioners as expeditiously as possible - petitioners will have to pay such tax as determined by respondent No.3 subject to further challenges if any and the petitioners shall not be entitled to claim the benefit of limitation in this regard.
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