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2017 (5) TMI 846 - MADHYA PRADESH HIGH COURT

2017 (5) TMI 846 - MADHYA PRADESH HIGH COURT - TMI - Stay of demand - pre-deposit - Held that:- In the light of the Office Memorandum issued by the CBDT, especially keeping in view the fact that the dispute is between Government of India and Company/Department owned and controlled by the State Government and also in the light of the order dt. 25/3/2017, is of the opinion that in case the assessee deposits 15% of the outstanding demand, all the appeals shall be heard on merits. - R P No. 108/2017 .....

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ed 12/1/2017 passed in Writ Petition No. 7779, 7781, 7785, 7788, 7792 and 7794 of 2016. There was a common order passed in all the cases on 12/1/2017. . In fact, the petitions were filed against the order dated 8/11/2016 by which the applications for stay of demand u/S. 220(6) of the Income Tax Act was disposed of by the learned Additional Commissioner, Range 3, Indore. Mr. Manoj Munshi, learned counsel for the petitioner has argued before this Court that the Circular of the Central Board of Dir .....

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D/Revoery/2016-17 Dated 25/03/2017 To, M/s. Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Limited 1st Floor, Free Press Complex, 3/54, Press Complex Indore Sir/Madam, Sub. : Outstanding demand of ₹ 51,98,64,120/- regarding. Ref.: 1 Letter of Pr. Secretary Government of MP Commerce, Industry and Employment department dated 23/03/2017. As per this office records the following demand is outstanding against you : S.No. Assessment Year Type of Demand Demand 1. 2009-10 Regular tax 4,60,55, .....

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g which coercive measures to recover the demand by invoking various provisions of Chapter XVII-D of the IT Act, 1961 shall be initiated sd/- (P. K. Singi) Dy. Commissioner of Income Tax Circle 3(1), Indore The aforesaid order was passed in the case of Madhya Pradesh Audyogik Kendra Viikas Nigam Ltd., and a similar order has been passed in respect of M/s. SEZ, Indore Ltd., The same reads as under : DY. COMMISSIONER OF INCOME TAX, 3(1) INDORE Room No.306, Aayakar Bhawan Annexe, Opp. White Church, .....

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Regular tax 16,67,79,390/- 3. 2013-14 Regular tax 22,45,87,000/- 4. Total 86,03,42,100/- 2. You are hereby requested to deposit 15% of outstanding demand ie., of ₹ 12,90,51,315/- and produce counterfoil of challan on or before 28/03/2017 at 11:00 A.M., in the Office of undersigned, failing which coercive measures to recover the demand by invoking various provisions of Chapter XVII-D of the IT Act, 1961 shall be initiated sd/- (P. K. Singi) Dy. Commissioner of Income Tax Circle 3(1), Indor .....

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rt that the circular issued by the CBDT dt. 21/8/1996, 6/3/1998 and 16/1/1999 have been considered by the Hon'ble supreme Court and, therefore, in the light of the judgments delivered by the Hon'ble Supreme Court and various High Courts, the petitioner be directed to deposit only 15% of the demand. This Court has carefully gone through the Circulars issued by the CBDT. In the case of Catholic Syrian Bank Ltd., Vs. Commissioner of Income Tax, Thrissur reported in (2012) 3 SCC 784. The Hon .....

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ts provisions. These circulars have the force of law and are binding on the income tax authorities, though they cannot be enforced adversely against the assessee. Normally, these circulars cannot be ignored. A circular may not override or detract from the provisions of the Act but it can seek to mitigate the rigour of a particular provision for the benefit of the assessee in certain specified circumstances. So long as the circular is in force, it aids the uniform and proper administration and ap .....

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391 ITR 42 (P&H), has permitted the assessee to deposit 15% of the total demand in similar circumstances during the pendency of the appeal. Paragraph 27 and 30 of the aforesaid judgment reads as under : 27. As we observed earlier in the present case by the impugned order dated 14.06.2016 the petitioner was required to deposit 15% of the outstanding demand, namely, ₹ 41.64 crores. This figure attained finality. At the cost of repetition, the Assessing Officer did not refer the matter t .....

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