9911796707
TMI Blog2022 (5) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved by order dated 04.03.2022 passed by the 1st respondent to the effect that petitioner would not be treated as being in default if the petitioner deposits 20% of the outstanding demand on or before 20.03.2022. 3. It may be mentioned that petitioner is an assessee under the Income Tax Act, 1961 (briefly referred to hereinafter as 'the Act') assessed to tax within the jurisdiction of respondent No.2. 4. For the assessment year 2017-18, respondent No.2 passed assessment order dated 21.12.2019 under Section 143(3) of the Act making certain additions under Section 69A of the Act. Against the returned income of the petitioner of Rs.1,78,860.00, by the aforesaid assessment order, income of the petitioner was assessed at Rs.1,50,03,952.00. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicated below), subject to the following conditions being fulfilled. 1. The appellant deposits a sum equivalent to 20% of the above outstanding demand of Rs.1,48,02,444 on or before 20.03.2022 and submits evidence of such payment of demand to the Assessing Officer. 2. The appellant must cooperate in the early disposal of its appeal and make its necessary submissions in compliance of notice(s) issued in this regard. The above conditions having been fulfilled : 1. The appeal on merits in the case of the appellant will be taken up, out of turn for early disposal for which notice for hearing is being issued separately. 2. No coercive measures will be taken for recovery of reminder of outstanding demand against the appellant if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicial authority, Commissioner (Appeals) is not bound by the administrative circulars issued by CBDT. He has to apply his own independent mind in the facts and circumstances of each case. 12. Considering the above, the impugned order dated 04.03.2022 is hereby set aside. The matter is remanded back to the 1st respondent for a fresh decision on the prayer for stay of the petitioner in accordance with law after complying with the principles of natural justice. This shall be done within a period of four (04) weeks from the date of receipt of a copy of this order. Till such time, demand pursuant to the assessment order dated 21.12.2019 shall remain stayed. 13. This disposes of the Writ Petition. However, there shall be no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
