2013 (7) TMI 450

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....amed assessment on 31.1.2013. Almost immediately thereafter, on 12.2.2013, he sent a demand notice for recovery of sum of Rs.69,87,04,100/- asking the petitioner to pay the sum within 3 0 days of the receipt of the notice. Such notice was received by the petitioner on 15.2.2013. On 27.2.2013, the Assessing Officer issued yet another notice reminding the petitioner that such amount was due for payment on 14.3.2 013. On 7.3.2013, the petitioner requested the Deputy Commissioner of Income Tax to postpone the recovery till the appeal of the petitioner is disposed of. We are informed that such appeal was filed on 12.3.2013. Since the department did not accede to the petitioner's request, the present petition has been filed. 3. We notice that ....

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....whether the assessee is financially sound and viable to deposit the amount if the authority wants the assessee to so deposit.      (d) The authority concerned will also examine whether the time to prefer an appeal has expired. Generally, coercive measures may not be adopted during the period provided by the statute to go in appeal. However, if the authority concerned comes to the conclusion that the assessee is likely to defeat the demand, it may take recourse to coercive action for which brief reasons may be indicated in the order.      (e) We clarify that if the authority concerned complies with the above parameters while passing orders on the stay application, then the authorities on the admi....