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2024 (2) TMI 846 - HC - Income TaxEntitlement to waive off the pre-deposit of 20% of the assessed tax liability being high pitched assessment - AO and PCIT have already granted monthly installment facility to the petitioner -genuine hardship substantiated or not? - HELD THAT:- As revenue authorities have considered the grievances of the petitioner by granting monthly installment Rs. 13,85,000/- from December, 2023 and the record of the case would clearly demonstrate that petitioner neither submitted his genuine hardship at the time of filing of the application under Section 220(6) of the Income Tax Act before ACIT or before PCIT. Even before this Court very vague statements have been made. The petitioner has not substantiated genuine hardship by placing materials, evidence regarding its financial crisis, if any, suffered by the petitioner or losses which has ruined the business completely. The revenue authorities have considered the application submitted by the petitioner and granted relief to the petitioner by directing monthly installment of Rs. 13,85,000/- which cannot be said to be arbitrary or suffers from non-application of mind. Even the record would show that the assessment order for the assessment year 2018-19 was passed on 28.03.2023 and more than 10 months have been lapsed, the petitioner is not taking recourse by filing an application for stay before the CIT(A) who is empowered under Section 246 of the Income Tax Act to waive the pre-deposit of 20%. Thus, considering that the ACIT and PCIT have exercised their discretionary power by granting installment facilities 9 and 20 installments respectively, we not find that any irregularity or illegality has been committed by the revenue authorities. Accordingly, the writ petition deserves to be and is hereby dismissed.
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