2017 (11) TMI 1087

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....kesh for Mr.N.Sankarasabari For the Respondent : Mr.A.P.Srinivas ORDER Heard Mr.P.J.Rishikesh, learned counsel appearing for Mr.N.Sankaransabari, learned counsel on record for the petitioner and Mr.A.P.Srinivas, learned Standing Counsel accepting notice for the respondents. By consent on either side, the writ petition itself is taken up for final disposal. 2. The petitioner has impugne....

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.... Officer cannot grant stay of the order of assessment and the remedy lies only before the Assessing Officer or before the First Appellate Authority. The petitioner ought to have pursued the matter before the Assessing Officer or the First Appellate Authority. From the typed set of papers, it is seen that the petitioner presented the stay petitions dated 15.3.2017 before the Assessing Officer - the....

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....feguard the interests of the Revenue till the disposal of the appeals before the First Appellate Authority - the third respondent herein. Further, it is contented that the modified instructions of the Central Board of Direct Taxes cannot be made applicable to the petitioner, since the stay petitions have been filed much earlier i.e on 21.03.2017. 6. However, this Court does not propose to rende....

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.... Assessing Officer is of the view that such lump sum payment must be lower than 15%. Therefore, the Assessing Officer has to consider the case on merits and then take a decision in the matter and not mechanically go by the guidelines issued by the Central Board of Direct Taxes, as the guidelines themselves provide for contingencies, which may vary from case to case. 7. The learned counsel for t....