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2023 (4) TMI 1215 - MADRAS HIGH COURTStay of demand - demand order demanding the payment of 20% of the disputed tax, interest and penalty immediately and to produce proof of payment - As submitted stay petition filed was rejected without even permitting the petitioner to make his submissions on the stay petition - HELD THAT:- Petitioner being an NRI was shuttling between India and Malaysia, he was not in a position to take immediate steps to challenge this demand. The respondent had, therefore, initiated garnishee proceedings and attached the Bank accounts of the petitioner with the Indian Bank and ICICI Bank . Admittedly, the appeal challenging the assessment is still pending disposal and in the earlier writ petitions [2022 (12) TMI 1400 - MADRAS HIGH COURT ] , [2022 (12) TMI 1401 - MADRAS HIGH COURT] this Court had quashed the demand and directed the respondent to reconsider and pass speaking orders. It is also seen that the entire amounts demanded, namely 20% of the disputed tax, interest and penalty has been withdrawn by the respondent from the bank accounts of the petitioner. This Court feels that the interest of justice would be met, if the respondent is directed to dispose of the statutory appeal filed by the petitioner under Section 246(A) of the Act and further since 20% of the disputed tax, interest and penalty has been recovered by the respondent from the banks, in which the petitioner had accounts, a direction is issued to the appellate authority to dispose of the appeal within a period of 12 weeks from the date of receipt of a copy of this order. Till then, there shall be a stay in respect of the remaining 80% of the demand and the attachment in respect thereto is raised.
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