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Shri Badri Nath Agnihotri Versus Income Tax Officer And Others

2015 (9) TMI 1050 - ALLAHABAD HIGH COURT

Recovery of tax and stay operation - Held that:- Since the order passed by the Assessing officer under Section 220 (6) of the Income Tax Act, 1961 is not under challenge, it is not proper for this Court to interfere with the same. Therefore, we hereby provide that if the petitioner is not in a position to follow the same, he may challenge it before the appellate authority, who shall consider it and pass appropriate order.

Learned counsel for the petitioner undertakes to file an appeal .....

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ioner and Mr. Manish Misra, learned counsel for the respondents. The petitioner has prayed for issuing a writ in the nature of Mandamus directing respondent no. 1 not to proceed with the recovery of tax and stay operation of notice dated 26th March, 2015 issued under Section 156 of the Income Tax Act, till disposal of the Income Tax Appeal. Admittedly, the petitioner has preferred an appeal against order of assessment before the Commissioner, Income Tax (Appeal), Lucknow. Mr. Mehrotra, learned c .....

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nt has expired, as long as such appeal remains undisposed of. In the light of aforesaid provisions, it is submitted by learned counsel for the petitioner that during pendency of the appeal, the petitioner may not be compelled to deposit the tax. On the other hand, Mr. Manish Misra, learned counsel for the respondents has submitted that sub-section (6) of Section 220 of the Act gives discretionary jurisdiction to the Assessing Officer to exercise his power to stay the recovery. He further drew at .....

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Officer has observed, "...I agree to treat the assessee as not being in default in respect of amount specified in notice issued u/s 226(3) of the I.T. Act, 1961 on the fulfillment of the following conditions. a. If the assessee submitted a 'Bank Guarantee' of ₹ 20 lac within 07 days of the receipt of this order and agree to make payment of an instalment of ₹ 01 lac per month starting w.e.f. 01.07.2015 till the disposal of 1st appeal or realisation of demand whichever is .....

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