The Tax Publishers2017 TaxPub(DT) 1165 (Bom-HC) : (2017) 297 CTR 0021

 

Maharashtra Industrial Development Corporation v. CIT

 

INCOME TAX ACT, 1961

--Recovery--Stay of demandAppeals pending before CIT (A)----Where assessee had accepted direction in the impugned order and had only sought an adjournment of one month's time pending appeals before the CIT(A) would not by itself in any manner fetter the rights of the Revenue to adopt such proceedings as are available to it in law, to recover its taxes in terms of the impugned orders.--Assessee applied to CIT (Exemptions) for stay of demand/not being treated as an assessee-in default CIT (Exemptions) granted conditional stay of demand for subject assessment years on payment of 15 per cent of demand in four instalments commencing from 30-11-2016. In writ petition assessee challanged the orders of CIT (Exemptions). Held: Assessee had accepted directions in the impugned order and had only sought an adjournment of one month's time to begin paying instalments from 31-12-2016, rather than 30-11-2016. No reason was found in these tacts to interfere in present petition. CIT(A) need not await for deposit of tax as directed by impugned orders for the reason that it was not a condition precedent that the disputed amounts be deposited before the appeal could be heard by CIT(A). Pending appeals before the CIT(A) would not by itself in any manner fetter the rights of the Revenue to adopt such proceedings as are available to it in law, to recover its taxes in terms of the impugned orders. Petition was dismissed.

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