2015 (10) TMI 1619

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d u/s 201(1)/201(1A) for obtaining a stay of demand. 2. That on the facts and circumstances of the case and in the Law, the CIT(A) has seriously erred in not appreciating on the aspect of strong prima facie case along with the balance of convenience in assessee's favor along with the aspect of financial hardship as preciously submitted before the CIT(A). 3. That on the facts and circumstances of the case and in the Law the appellant/assessee in view of deposit of app.32% of total demand till date is entitled for stay of the remaining demand until the disposal of appeal by the CIT(A). That the appellant craves leave to Add to and/ or Amend, modify or withdraw the grounds outlined above before or at the time of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n default, therefore that cannot be considered for stay. The Hon'ble Allahabad High Court in the case of Jagran Prakashan Ltd. in Writ tax No.56 of 2015 dated 29.01.2015 has asked the assessee in the case before it to pay the interest component u/s 201(1A) of the Income-Tax Act, 1961. 5. In light of the above discussion, keeping in view that the interest component cannot be granted any stay, in the interest of justice and in all fairness I stay the 40% demand out of total demand of Rs,2,69,23,555/- as computed u/s 201 and 201 (1A) of the Act till 30.10.2015 or disposal of the appeals whichever is earlier. As regards the balance demand of Rs. 16154133/- out of which the assessee has already deposited Rs. 70,00,000/- the assessee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... co-ercive action against the assessee till the passing of the order of the CIT(A) on merits. In view of the same, the Ld. CIT(A) is directed to pass a speaking order in the appeals on merit after giving the assessee a reasonable opportunity of being heard. The Ld. Sr. DR on the above view being expressed by the Bench insisted that a direction to the assessee be included mandating that the assessee should cooperate in ensuring that the hearing takes place. In the fact of the insistence of the Ld. Sr. Dr, Ld. AR, Mr. Piyush Kaushik gave an oral undertaking on behalf of his client by stating that the assessee shall fully participate in the proceedings. Accordingly, in view of the above we direct:- (i) that the Ld. CIT(A) shall give a re....