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2015 (3) TMI 276 - HC - Income TaxPenalty under Section 271(1)(c) - Stay of disputed outstanding entire demand of ₹ 10,00,00,000/- in lieu of penalty levied seeked - Penalty proceedings initiated in respect of adjustments made by the Transfer Pricing Officer under Section 92CA(4) - first respondent granted partial stay in respect of total outstanding demand - Held that:- As petitioner has not challenged the order of the first respondent, dated 28.1.2015, who granted partial stay in respect of total outstanding demand, but only sought for mandamus, to direct the respondents to stay the entire disputed outstanding demand of ₹ 10,00,00,000/- pending disposal of the appeal. As the said order has not been challenged, it could be presumed that the petitioner has accepted the said order, of-course, partially. However, while the said order was in force, the petitioner cannot seek stay for entire outstanding by way of a direction to the respondents from this Court and even assuming that the relief as sought for by this Court is entertained, the authority cannot be expected to comply with the direction unless and until the earlier order is set aside. Admittedly, the petitioner has not filed the present writ petition for grant of Writ of Certiorarified Mandamus. Therefore, on this ground, this Court is of the view that the relief sought for by the petitioner cannot be granted. - Decided against assessee.
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