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2020 (1) TMI 1158 - HC - Income TaxLiability of directors of private company in liquidation - petitioner seeks quashing of the notice of demand under Section 156 as well as the consequential garnishee notices and individual recovery notices issued to the directors of the petitioner under Section 179 - HELD THAT:- When the petitioner has filed the statutory appeal against the order of assessment and has also parallely filed an application for stay before the administrative Commissioner; without taking a decision either on the appeal or on the prayer for stay, it was not justified on the part of the revenue authority in issuing the impugned notices. In the circumstances, rejection of the prayer for stay by the AO when the appeal is pending before the first appellate authority and the stay prayer is pending before the administrative Commissioner, in our view, would not be of much consequence. Therefore, taking an overall view of the matter, we feel that the appeal filed by the petitioner under Section 246-A of the Act, which has been registered as CIT (A)-20.Mumbai/10324/2018-19 should be heard and decided by the first appellate authority in accordance with law within a period of four weeks from the date of receipt of an authenticated copy of this order. Ordered accordingly. During this period of four weeks, the impugned notices under Section 179 as well as under Section 226(3) of the Act shall remain in abeyance.
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