TMI Blog2019 (4) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer? These are the grounds, which we are sure, the Petitioner would raise about before the Commissioner (Appeals) and the Commissioner (Appeals) would take a view in accordance with the law. Taking into account asking the Petitioner to deposit 10% of the disputed tax pending the Appeal, would serve the purpose of justice. Subject to Petitioner fulfilling such condition, further recoveries be stayed till the Appeal is disposed of by the Appellate authority. Petitioner shall deposit further amount before the Income Tax authorities latest by 15/04/2019, so as to make the total deposit with the department (inclusive of 4.5 lakhs already deposited) of 10% of the disputed tax demand.Upon the Petitioner fulfilling such condition, the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 143(3) of the Income Tax Act, 1961 (for short the Act ) on 29/12/2018. Against such order of assessment, the Petitioner has filed Appeal before the Commissioner (Appeals) which is pending. Pending such Appeal, the Petitioner requested the Assessing Officer to stay the demand unconditionally. The Assessing Officer rejected such a request by the order dated 13/02/2019. The Petitioner thereaupon approached the Principal Commissioner who insisted that the Petitioner must deposit 20% of the disputed tax to enable the Petitioner to enjoy the stay against the recoveries. Since the Petitioner had not fulfilled such condition, departmental authorities have attached the Petitioner s following two bank accounts. (1) Union Bank of India, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unds against the order of assessment. The question would be, once the Assessing Officer makes additions to the income of the Petitioner by applying formula of gross profit rate shown by the Petitioner in last few years, could the Assessing Officer thereafter make further additions on individual grounds? Would such additions not to be telescoped in the gross profit rate adopted by the Assessing Officer? 8. These are the grounds, which we are sure, the Petitioner would raise about before the Commissioner (Appeals) and the Commissioner (Appeals) would take a view in accordance with the law. However, taking into account totality of the facts and circumstances of the case, in our opinion, asking the Petitioner to deposit 10% of the disputed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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