TMI Blog2016 (4) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... t the balance 30% of the disputed tax by 7 April 2016, the protection granted by the Court shall stand automatically withdrawn and it will be open to the Department to pursue the matter in accordance with law. It is made clear that the Court has not adjudicated on the merits of the First Appeal filed by the petitioner and it will be for the Appellate Authority to examine the same without being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is resulted in tax demand of ₹ 1,31,95,160/-. Initially the Additional Commissioner of Income Tax, Range 1, Muzaffarnagar granted stay of demand subject to payment of 20% of the demand by 29 February 2016. The petitioner filed a First Appeal and also filed a petition before Principal Commissioner of Income Tax, Muzaffarnagar for stay of balance demand until disposal of the First Appeal. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... First Appeal was not being heard by the Commissioner of Income Tax (A), even though it had been filed way back on 30 April 2016, it was wholly unjust on the part of the Principal Commissioner of Income Tax to require the petitioner to deposit the remaining 30% of the disputed tax. It is submitted that this Court may not only reduce the amount required to be deposited by the petitioner but should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer was based on credible evidence. However, as the First Appeal was filed way back on 30 April 2015, we consider it appropriate in the facts and circumstances of the case, to direct that if the petitioner deposits the balance 30% of the disputed tax by 7 April 2016 (though time was granted by the Principal Commissioner of Income Tax, Muzaffarnagar to pay the said amount by 22 March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otection granted by the Court shall stand automatically withdrawn and it will be open to the Department to pursue the matter in accordance with law. It is made clear that the Court has not adjudicated on the merits of the First Appeal filed by the petitioner and it will be for the Appellate Authority to examine the same without being influenced by any of the observations made by the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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