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2019 (2) TMI 912 - HC - Income TaxRevision petition - recovery proceeding initiated - Held that:- We do not accept the stand of the Respondents that revision petitions do not survive. These revision petitions were filed way back in 2007. Counsel for the Petitioner had stated before us that the Petitioner had not asked for any adjournment in such revision petitions. Hearing of these revision petitions is thus not delayed due to the assessee. Several years later, we would not permit the department to recover the taxes arising out of the orders which are subject matter of such revision petitions. Stay petition - recovery proceeding - requirement of depositing 20% of tax pending appeals - Held that:- This court cannot reduce the requirement of depositing 20% of tax pending appeals. Firstly, these instructions themselves recognise exceptions and areas where the demand can be reduced by the revenue authorities; secondly, the instructions of CBDT to the revenue authorities aim to bringing about uniformity in an administrative action and cannot govern the discretionary powers of the High Court in the writ jurisdiction. We, therefore, cursorily looked at the nature of additions, nature of materials collected by the Assessing Officer and the ground of challenge by the assessee. It would prima facie appear that the assessee Petitioner would have arguable points against many of the additions made by the Assessing Officer. The nature of additions concern the finding of bogus purchases and inflated premium and share application money besides others. The Petitioner would deposit 5% of the principal tax demand arising out the assessment orders for the Assessment Years 2009-10, 2010-11 and 2011-12. This may be done within a period of four weeks from today. Till four weeks from today, there shall be no further coercive recovery against the Petitioner. If the Petitioner deposits the amount as directed, such stay shall continue till final disposal of the appeals by the Commissioner.
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