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2023 (3) TMI 988 - BOMBAY HIGH COURTStay of demand - assessment order u/s 246A challenged - Reopening of assessment u/s 147 - income of the petitioner is re-assessed followed by the demand notice in Form No.7 under section 156 - HELD THAT:- This Court finds that the petitioner has preferred a Substantive Appeal u/s 246 of the Income Tax Act and same is pending adjudication before the appellate authority. The contentions advanced by petitioner, thereby assailing the legality and validity of the notice under Section 148 and consequential order of assessment are subject matter of pending appeal before competent Authority. In that view of the matter, it would not be appropriate for this court to deal with those contentions on merit in writ jurisdiction. As the petition is filed challenging the consent order by raising various legal issues which are subject matter of appeal filed under Section 246A of the Income-Tax Act. The discretion exercised by the authority while passing the impugned order thereby granting stay subject to deposit of 20% of the amount under demand with the facility of installments, cannot be said to be arbitrary, when order is invited by consent. No interference from this court is warranted under Article 226 of the Constitution of India in the facts and circumstances of this case. Resultantly, the writ petition fails and hence, dismissed.
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