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2009 (2) TMI 410 - HC - Income TaxRefund - The return for the year 2005-06 filed by the petitioner declared total income of Rs. 46,41,070 while the assessment order in respect of the year assessed the income at Rs. 1,67,02,35,990 which was almost 350 times the returned income. On a writ petition stating that the order dated January 7, 2009, by the Commissioner directing the deposits of 50 percent. of the outstanding demand as per schedule laid down in the order was contrary to the circulars of the Department. Held that- CBDT Instruction No. 1222 specifically higher than the returned income, that is, twice the latter amount or more, then the collection of tax in dispute should be held in abeyance till the decision on appeal is taken. It was held in Soul v. Deputy CIT [2008 -TMI - 76546 - DELHI HIGH COURT) consequently, the operation of the order was to be stayed till the disposal of the writ petition. The natural consequence would be that any attachment order issued in pursuance of the order would not have any effect.
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