9911796707
TMI Blog2017 (10) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... rs passed by the first respondent dated 14.09.2017 by which the first respondent has directed the petitioner to pay 20% of the total demand for being entitled for an order of interim stay of the remaining amount, as computed under the Assessment Orders for the years 2012-13 and 2014-15. Earlier, the petitioners S.Karthikeyan and Uma Shankar had approached this Court by filing W.P.Nos.22643 to 22646 of 2017 challenging the orders dated 16.05.2017, which is a garnishee order for recovery of the tax payable by respective assessees. The said writ petitions were disposed of by common order dated 24.08.2017 after taking into consideration that while stay petitions seeking stay of the tax as computed were pending, the Assessing Officer was not jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Subsequently, by representation dated 08.09.2017 the petitioner informed the first respondent that they are awaiting the certified copy of the order in the earlier writ petitions and would appear as soon as the copy of the order is received. Subsequently, a fresh date was assigned for hearing of the stay petition i.e., on 17.09.2017, on which date the petitioner's authorized representative appeared. In pursuance thereof, the impugned order has been passed directing the petitioner to pay 20% of the total demand, being condition precedent for grant of stay. The petitioner is aggrieved by such condition by stating that they did not have adequate opportunity to put forth their case and the first respondent ought to have taken into considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x should be stayed till the appeals are disposed of. As noticed before, the instant case is one of search and seizure and pertains to valuation of the property and certain records were relied on by the Assessing Officer to make the subject assessment. Therefore, this Court is of the view that the petitioners should be put on condition for being entitled to grant of stay. It is submitted by the learned counsel that total tax liability in respect of the four petitioners is Rs. 3,03,28,295/- and interest of revenue would be safeguarded if 15% of the tax demand is directed to be paid by the petitioners. 15% of the said amount works out to Rs. 45,49,244/- out of which 8 lakhs has already been recovered. Hence, there will be a direction to the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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