Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 1411 - HC - Income TaxGranting stay pending appeals - payment of 15% of the disputed tax demand pending appeals to enjoy stay of further recoveries - Held that:- Some of the additions made by the Assessing Officer would be arguable. At the same time, several of the oppositions of the assessee to such additions also, going by the material that the AO has taken into consideration, cannot be discarded out of hand. Considering all we reduce the requirement of depositing the disputed tax dues to enable the assessee to enjoy stay pending appeals before the Commissioner to 7.5%. This would however be on a further condition that he shall offer immovable security for the remaining 7.5% to the satisfaction of the assessing authority. The order passed by the Principal Commissioner stands modified accordingly. Both these conditions shall be satisfied latest by 30.04.2018. The petitioner shall file an affidavit before the registry whether he would abide by these conditions and undertake to fulfill them within the time permitted. Such affidavit shall be filed latest by 16.03.2018. It is clarified that either if the petitioner does not file any such affidavit, or in such affidavit declares that he does not wish to be bound by such conditions or having in such affidavit agreed to fulfill the conditions, fails to do so by 30.04.2018, the relief granted under this order would stand automatically withdrawn and the impugned order of the Principal Commissioner would revive.
|