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2015 (5) TMI 550

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..... ication filed under Rule 35-A of the Income Tax Appellate Tribunal Rules, 1963 or fix the case before another Bench, as per Rules and decide the stay application expeditiously within a period of three months from the date of filing of the certified copy of this order. In the meanwhile, on depositing ₹ 5.8 crores within a period of four weeks from today, no coercive measures for recovery of the demand, including attachment of bank account, will be taken till the stay application is decided - Writ Petition No.1380/2015 - - - Dated:- 2-3-2015 - P.K. Jaiswal And Alok Verma JJ. For the Appellant : Shri Manoj Munshi For the Respondent : Shri R.L. Jain, learned Senior Counsel with Ms. Veena Mandlik Heard. 2. By this .....

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..... ending before the Income Tax Appellate Tribunal, Indore and all penalty cases are pending before the Commissioner of Income Tax (Appeals). As per Annexure P/1 dated 13.01.2015, Assistant Commissioner of Income Tax vide letter dated 29.12.2014 requested the petitioner to make payment of 50% of outstanding demand and at least 25% thereof by 31.12.2014, but the said outstanding demand has not been paid so far. The amount of ₹ 5.8 crores is outstanding against the demand raised as per assessment orders for the assessment years (2003-04 to 2010-11) and the amount of ₹ 10.8 crores is outstanding against the penalty demand raised during financial years 2013-14, which is disputed by the petitioner in first appeal. The authority directed .....

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..... ing before the Income Tax Appellate Tribunal, Indore and at present the Bench of ITAT at Indore is not functioning, we direct the learned President of the Income Tax Appellate Tribunal, Mumbai to decide the application dated 22.01.2015 (Annexure P/7) filed by the petitioner for constitution of ITAT Bench in Indore for hearing stay application filed under Rule 35-A of the Income Tax Appellate Tribunal Rules, 1963 or fix the case before another Bench, as per Rules and decide the stay application expeditiously within a period of three months from the date of filing of the certified copy of this order. In the meanwhile, on depositing ₹ 5.8 crores within a period of four weeks from today, no coercive measures for recovery of the demand, in .....

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