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TMI Blog2017 (10) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... -assessee has filed this writ petition with the following prayers:- "(a) Issue a writ in the nature of mandamus directing the Respondents No. 2 and 5 not to enforce recovery of the dues confirmed vide order dated 15.03.2016 passed by the Respondent No. 2 till disposal of the Appeal No. ITA 146 before the Respondent No. 3, vide Annexure-F; (b) Issue a writ of mandamus to the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er made by learned counsel for the petitioner is that Respondent - Income Tax Department should not take the coercive action for recovery of disputed demand, which has been raised on account of high handed and arbitrary additions made to the declared income of the petitioner-Company, atleast till the stay application filed by petitioner-assessee before the First Appellate Authority, viz., Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Neeralgi, pointed out vide Annexure-J order dated 26.4.2016, that the Assessing Authority, viz., Joint Commissioner of Income Tax (OSD), Circle 4(1)(1), Bangalore himself has already granted an interim stay to the petitioner-assessee restraining the recovery subject to payment of 15% of the demand before 30.4.2016. 6. The assessee does not appear to have paid even this 15% of the disputed deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Income Tax Act, 1961 after giving due and reasonable opportunity of hearing to the petitioner-assessee expeditiously and by a reasoned order. 8. Till such stay applications are disposed of by these concerned Authorities, the lower Assessing Authority shall not take any coercive measures for recovery of the disputed demand against the petitioner-assessee. With these observations ..... X X X X Extracts X X X X X X X X Extracts X X X X
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