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2020 (7) TMI 397 - HC - Income TaxStay petition - recovery proceedings - first respondent directed the petitioner to pay 20% of the disputed tax amount treating him as “Assessee in default” - assessment was reopened and the reassessment order was passed wherein addition was made under short-term capital gains and long-term capital gains and as aggrieved over the same, the petitioner filed an appeal before the second respondent - HELD THAT:- This Court is inclined to modify the order passed by the first respondent vide communication dated 06.02.2020 and give appropriate direction to the second respondent for disposal of the appeal filed by the petitioner. Accordingly, the order passed by the first respondent vide communication dated 06.02.2020 is modified to the effect that the petitioner shall pay a sum of ₹ 10,00,000/- to the first respondent within a period of four weeks from the date of receipt of a copy of this order, failing which, it is open to the first respondent to recover the amount as mentioned in the said communication. In the meanwhile, the second respondent shall consider the appeal filed by the petitioner as against the order of reassessment dated 27.12.2019 for the year 2012-13 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner.
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