9911796707
TMI Blog2014 (10) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer has raised the demand of Income Tax with interest of approximately Rs. 9.76 Crores for the Assessment Years 2005-06 to 2010-11 against the assessee. Pending the appeals before the Commissioner of Income Tax (Appeals), the common petitioner submitted applications before the Assessing Officer not to treat the assessee in default with respect to the demand of Income Tax with interest raised by the Assessing Officer. By order dated 06/08/2013 the Assessing Officer directed the petitioner to make the payment of demand within a period of five days failing which the assessee shall be treated to be in default. It appears that thereafter the petitioner approached the Additional Commissioner of Income Tax for stay of the demand and by o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied with the interim order passed by this Court. The order dated 03/03/2014 passed by the Division Bench reads as under; "Draft amendment is allowed. Petitioner has preferred appeal against an order of assessment on which the Assessing Officer has raised demand of income tax with interest of approximately Rs. 9.76 Crores for Assessment Years 200506 to 201011. Pending such appeal, the petitioner applied for stay - first before the Assessing Officer and thereafter before the higher authorities. Having failed in obtaining any stay, the petitioner has filed these petitions. One of the main grounds of challenge in the present petitions is that the Assessing Officer had relied entirely on a show cause notice issued by the Excise authorities for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reated as not in default, during pendency of the appeal/appeals before the Commissioner of Income Tax (Appeals), it will be in the fitness of things. Shri Soparkar, learned Counsel has also tried to make elaborate submissions on merits. However, considering the order passed by the Division Bench of this Court in Special Civil Application No.4635/2012 dated 02/07/2012 further clarified by order dated 08/08/2012, we propose to dispose of the present Special Civil Applications. We are not permitting Shri Soparkar, learned Counsel appearing on behalf of the petitioner to make elaborate submissions on merits, more particularly, when the appeals are pending before the Commissioner of Income Tax (Appeals) and, therefore, any observations at this s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall not be treated as in default during pendency of the appeal. It is reported that the petitioner has already deposited the sum of Rs. 1 Crore (being 10% of the demand raised by the Income Tax Department) and, therefore, the petitioner is not required to deposit any further amount. 7. In view of the above and for the reasons stated hereinabove, all these petitions are disposed of by directing that on deposit of the total sum of Rs. 1 Crore (which is reported to be have been already deposited by the petitioner) the petitioner shall not be treated as in default with respect to the demand raised by the Assessing Officer, during pendency of the appeals before the Commissioner of Income Tax (Appeals). It is hoped that the CESTAT as well as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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