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2017 (1) TMI 1392 - MADHYA PRADESH HIGH COURT

2017 (1) TMI 1392 - MADHYA PRADESH HIGH COURT - TMI - Stay of demand - pre-deposit - Held that:- There appears no justification in taking a different view as taken by the Division Bench. Learned Additional Commissioner, Income Tax while deciding the application for stay of demand under Section 220 (6) of Income Tax Act has directed the assessee to pay the entire demand in respect of additions in respect of land premium in five equal installments starting from the month of November, 2016 and the .....

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o be decided on merits, therefore, without commenting upon the subject matter of the appeal, so far as the order dated 08.11.2016 is concerned, no interference is warranted in the matter. - WP-7779-2016 - Dated:- 12-1-2017 - S. C. Sharma And Rajeev Kumar Dubey, JJ. ORDER Parties through their counsel. Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts .....

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ed on 19.09.2016 against which an appeal has been preferred in respect of assessment year 2011-12, 2012-13 and 2013-14. Petitioner has placed reliance upon the CBDT circulars dated 21.08.1996, 06.03.1998, 16.01.1999 and his contention is that as appeal has been preferred by the petitioner, the condition of predeposit be waived. On the other hand, learned counsel appearing for the Income Tax Department has drawn attention of this Court towards the order dated 02.03.2015 passed in W.P. No.1380/201 .....

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is Development Institute engaged in the Industrial Infrastructure Development of the State of Madhya Pradesh, is praying to stay the demand of income tax, interest and penalty for the assessment years 2003-04 to 2010-11 till final disposal of the pending appeals by the Income Tax Appellate Tribunal, Indore in respect of tax & interest and by the Appellate Authority in respect of the penalty and restrain the respondent from taking any coercive steps for recovery of demand pursuant to the dema .....

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ivity of development of industrial facilities on the land received from the Government of Madhya Pradesh. He further submitted that as per the statement of tax liability, amounting to ₹ 55,19,95,445/-, the assessee has paid ₹ 37,14,35,837/- and the balance amount, which is payable, comes to ₹ 18,05,59,608/-, which includes tax and interest. He further submitted that all tax assessment cases are pending before the Income Tax Appellate Tribunal, Indore and all penalty cases are p .....

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0.8 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 the petitioner to pay ₹ 5.8 crores on or before 16.01.2015. From the record, it appears that the aforesaid amount has not been paid. 4. Learned counsel for the petitioner submits that the petitioner has prima facie a strong case in its favour with respect to the nature of one time lease premium and in past, prior to assessme .....

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als). 5. In reply, Shri R.L. Jain, learned Senior Counsel for the respondent has submitted that as per Annexure P/1 dated 13.01.2015, the respondent Department has stayed the demand till 31.12.2014 and directed the petitioner to make payment of 50% of the outstanding demand, but till today, no payment has been made, and therefore, they have no option but to resort to take coercive action, as per law, which may include attachment of bank account. 6. On due consideration of the submissions of the .....

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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; failin .....

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