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2015 (9) TMI 77 - HC - Income TaxStay on balance demand of tax denied - no financial difficulty is caused by the deposit - Held that:- As decided in UTI Mutual Fund Vs. ITO [2013 (3) TMI 350 - BOMBAY HIGH COURT] where a strong prima facie case has been made out in its favour by the assessee, the requirement of predeposit would by itself be a matter of hardship. We are informed that the CIT (Appeals) has already commenced the hearing of petitioner's appeal filed from the assessment order dated 24th March, 2014 for the Assessment Year 2008-09 with effect from 18th August,2015. The appeal has now been adjourned to 29th October,2015 as the concerned CIT (Appeals) is on leave. Mr.Kapoor states, on instructions, he is on leave for a period of two months. In view of the fact that the CIT (Appeals) is seized of the matter and hearing it, it would be appropriate that in the peculiar facts of the present case the Revenue does not adopt any coercive proceedings till such time as the CIT (Appeals) disposes of the petitioner's appeal arising out of assessment order dated 24th March, 2014 and for the period of two weeks thereafter. However, as the hearing has already commenced, we would direct the CIT (Appeals) to dispose of the appeal as expeditiously as possible and preferably on or before 15th December,2015.
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