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2018 (1) TMI 813 - HC - Income TaxInterest charged under Sections 234A, 234B and 234C - whether the petitioner should be compelled to pay a portion of the demand in terms of CBDT Circular for being entitled to an interim protection till the disposal of the appeal pending before the third respondent? - Held that:- The interest charged under Sections 234A, 234B and 234C of the Act has remained the same, i.e. both in the order of assessment dated 30.03.2015 and the impugned order dated 17.10.2017. Therefore, this aspect has to be looked into and this can be canvassed by the assessee before the third respondent in the pending appeal. Even with regard to the demand of interest, the petitioner has complied with the condition and 20% of the amount has already been collected by the department. Thus, I find that the interest of revenue has been sufficiently safeguarded and the petitioner should be permitted to pursue their appeal without the second respondent insisting upon any further payment pursuant to the impugned order dated 17.10.2017. While permitting the petitioner to canvass the correctness of the impugned order before the third respondent in the pending appeal, there will be a direction to the respondents 2 and 3 not to insist upon any further payment of tax or interest as per the impugned order dated 17.10.2017 till the appeal filed by the petitioner is heard and disposed of by the third respondent on merits and in accordance with law, after affording an opportunity of personal hearing to the authorized representative of the petitioner.
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