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2017 (1) TMI 1392

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....1.2016 by which the applications for stay of demand under Section 220 (6) of the Income Tax Act has been disposed of by the learned Additional Commissioner, Range-3, Indore. Facts of the case reveal that petitioner is a company registered under the Companies Act and has developed the industrial area at Pithampur. An assessment order was passed on 19.09.2016 against which an appeal has been preferred in respect of assessment year 2011-12, 2012-13 and 2013-14. Petitioner has placed reliance upon the CBDT circulars dated 21.08.1996, 06.03.1998, 16.01.1999 and his contention is that as appeal has been preferred by the petitioner, the condition of predeposit be waived. On the other hand, learned counsel appearing for the Income Tax Department....

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.... of the assessee. The petitioner assessee is a State Government undertaking, which is engaged in the activity of development of industrial facilities on the land received from the Government of Madhya Pradesh. He further submitted that as per the statement of tax liability, amounting to Rs. 55,19,95,445/-, the assessee has paid Rs. 37,14,35,837/- and the balance amount, which is payable, comes to Rs. 18,05,59,608/-, which includes tax and interest. He further submitted that all tax assessment cases are pending before the Income Tax Appellate Tribunal, Indore and all penalty cases are pending before the Commissioner of Income Tax (Appeals). As per Annexure P/1 dated 13.01.2015, Assistant Commissioner of Income Tax vide letter dated 29.12.201....

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....ayed the demand till 31.12.2014 and directed the petitioner to make payment of 50% of the outstanding demand, but till today, no payment has been made, and therefore, they have no option but to resort to take coercive action, as per law, which may include attachment of bank account. 6. On due consideration of the submissions of the learned counsel for the parties and considering the fact that the appeals against the assessment orders for the assessment years 2003-04 to 2010-11 are pending before the Income Tax Appellate Tribunal, Indore and at present the Bench of ITAT at Indore is not functioning, we direct the learned President of the Income Tax Appellate Tribunal, Mumbai to decide the application dated 22.01.2015 (Annexure P/7) filed b....