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Tulsidas Trading Pvt. Ltd. Versus Tax Recovery Officer-13, Mumbai & Ors.

2016 (8) TMI 269 - BOMBAY HIGH COURT

Recovery proceedings - petition for early hearing - Held that:- Conduct on part of the petitioner filing the petition interalia seeking early hearing of its appeal before the CIT (A) and at the same time when the appeal is fixed for hearing by the CI .....

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journment sought by the petitioner was to fix the hearing of the appeal in August 2016. The very fact that the petitioner has been seeking adjournment time and again before the CIT (A) and filing the petition in this Court seeking early hearing of it .....

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on or before 4th August, 2016 is a condition precedent for the CIT (A) hearing the petitioner's appeal. The petitioner would satisfy the CIT (A) that the above cost of ₹ 20,000/- has been paid. - WRIT PETITION NO.911 OF 2016 - Dated:- 20-7-2016 .....

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ry, 2016 issued by the Tax Recovery Officer certifying that the sum of ₹ 7.19 crores plus interest under Section 220(2) of the Income Tax Act, 1961 (the 'Act') is due from the petitioner be quashed and set aside; and (b) The Commissione .....

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notice dated 10th February, 2016 has been issued long after the order dated 11th May, 2015 of Assessing Officer rejecting the stay application of the petitioner under Section 220(6) of the Act. In the petition as filed there is no challenge to the or .....

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ssessing Officer. 3. Mr.Chhotaray, learned counsel appearing for the revenue opposes the same and submits that petition as filed is not bonafide. This according to him is evident from the fact that the prayer in the petition is for early hearing of t .....

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town. Thereafter a hearing of appeal was fixed on 17th May, 2016. At that time also the petitioner sought time as its Chartered Accountant was on summer vacation. The CIT (A) then scheduled the hearing of the appeal on 26th May, 2016. In response, th .....

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the CIT (A) recording the fact that hearing fixed on 11th July, 2016 cannot be attended as its Chartered Accountant is pre-occupied in other professional assignment and therefore requests that appeal be adjourned to a date sometime in August 2016. 4. .....

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