TMI Blog2017 (12) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... aded to accept the contentions because Ext.P7 itself shows that notice dated 16.05.2017 fixing the hearing on 12.06.2017 was issued to the appellant. It is also seen that finding that there was no response to the notice, another attempt was made to contact the appellant over telephone on 03.07.2017 and that when all these attempts fail, the appellate authority proceeded to pass Ext.P7 order. Prima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax due from the appellant subject to his remitting 50% thereof in six equal monthly instalments. In the judgment under appeal, though the learned single Judge rejected the contentions, the condition requiring deposit of 50% was modified and the appellant was directed to remit 30%. It is this judgment which is challenged before us. 2. We heard the learned counsel for the appellant and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availed of by the appellant. In such a situation, we do not find any illegality in the judgment for interference. 4. Appeal fails and is dismissed accordingly. 5. However, taking note of the pendency of the appeal and the financial constraints that are again pressed before us, we direct that the appellant shall pay the amount as ordered by the learned single Judge and the first instalmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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