Court allows balance deposit, imposes cost for delay, directs Income Tax Department action.

The Court allowed the petitioner to deposit the balance amount with the Income Tax Department by a specified date, considering delays attributed to various reasons including the COVID-19 pandemic. The Court condoned the delay but imposed a cost of Rs. 5,00,000/- on the petitioner, to be donated to a charity. Failure to comply would lead to further directions. The petitioner's counsel requested withdrawal of property attachment and prosecution by the Income Tax Department, which was directed to act accordingly within four weeks. The immunity granted to the petitioner was to continue due to the delay condonation.

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Issues:
Extension of time to deposit balance amount with Income Tax Department.

Analysis:
The petitioner sought an extension of time to deposit the balance amount with the Income Tax Department as per the undertaking given to the Court. The petitioner had deposited the first installment on time but faced delays in depositing the second installment due to various reasons, including the COVID-19 pandemic. The Court, in an order dated 15th April, 2020, allowed the petitioner to deposit the balance amount by 31st May, 2020, without prejudice to their rights and contentions. The petitioner complied by depositing the outstanding amount on 29th May, 2020, fulfilling the requirements of the undertaking given in a previous order.

The Court, considering the grounds for the delay provided by the petitioner and the circumstances, condoned the delay in depositing the balance amount. However, the Court imposed a cost of Rs. 5,00,000/- on the petitioner to be deposited with a specified charity within a week, with the receipt to be submitted to the Registry thereafter. The case was scheduled for directions in case of non-compliance with the cost deposit requirement within the stipulated time.

The petitioner's counsel requested the Income Tax Department to withdraw the attachment of properties and prosecution in light of the deposits made. The Court directed the Income Tax Department to take necessary actions within four weeks as per the order dated 6th September, 2019, with communication to the petitioner. The immunity granted to the petitioner in the previous order would continue to be in effect due to the condonation of the delay in depositing the amount. The application was disposed of based on the above terms, and the order was to be promptly uploaded on the Court's website.

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