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TMI Blog2019 (4) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... ties for final disposal of the Petition. 2. The Petitioner has challenged the orders passed by the Assessing Officer and Principal Commissioner of Income Tax, insisting that the Petitioner must deposit 20% of the disputed tax demand pending the Appeal against the order of assessment before the Commissioner (Appeals). 3. The Petitioner is a partnership firm. The Petitioner had filed the return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uest 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 Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner's business, could not have thereafter made further additions under section 68 of the Act. The Petitioner thus has strong prima facie grounds to urge before the Appellate authority. He submitted that in any case, the department cannot attached the Petitioner's overdraft accounts. 6. Learned Counsel Mr. Suresh Kumar appearing for the department opposed the Petition contending that the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 tax pending the Appeal, would serve the purpose of justice. Subject to Petitioner fulfilling such condition, further recoveries be stayed till the Appeal is dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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