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        Case ID :

        2009 (6) TMI 1020 - HC - FEMA

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        High Court directs suspension of coercive proceedings under Revenue Recovery Act pending appeal The High Court directed the second respondent to suspend all coercive proceedings under the Revenue Recovery Act against the petitioner pending the final ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              High Court directs suspension of coercive proceedings under Revenue Recovery Act pending appeal

                              The High Court directed the second respondent to suspend all coercive proceedings under the Revenue Recovery Act against the petitioner pending the final decision on the appeal challenging the penalty order. The Court emphasized that the appeal was already scheduled for a hearing and instructed the second respondent to consider the appeal in accordance with the law. The Writ Petition was disposed of with this directive to ensure a fair hearing process for the petitioner during the pendency of the statutory appeal.




                              Issues involved: Coercive steps under Revenue Recovery Act pursued during pendency of statutory appeal.

                              Summary:

                              The petitioner approached the High Court due to coercive steps taken by the respondents under the Revenue Recovery Act, despite a pending statutory appeal. The petitioner had filed a memorandum of appeal challenging the order imposing a penalty. The petitioner received a notice for the appeal hearing scheduled on a specific date. The Court, after hearing both parties, decided not to delve into the merits of the case considering the appeal was already set for hearing. The Court directed the second respondent to consider the appeal in accordance with the law and provide a hearing, while keeping all coercive proceedings against the petitioner on hold until a final decision is made on the appeal. The Writ Petition was disposed of accordingly.
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                              Topics

                              ActsIncome Tax
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