2018 (1) TMI 813

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....Mr.V.S.Jayakumar For the Respondents : Mr.A.P.Srinivas Senior Standing Counsel ORDER Heard Mr.V.S.Jayakumar, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel accepting notice on behalf of the respondents. With the consent on either side, the writ petition is taken up for disposal. 2.The petitioner is the legal heir of Late B.Sivanthi Adityan and h....

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....ax Act, 1961 (hereinafter referred to as "the Act"). It has to be seen as to whether the petitioner should be compelled to pay a portion of the demand in terms of CBDT Circular for being entitled to an interim protection till the disposal of the appeal pending before the third respondent. Protectively, the petitioner has also preferred a tax case appeal challenging the order passed by the ITAT dat....

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....rthermore, the learned counsel for the petitioner would contend that the levy of interest is liable to be waived. 4.Thus, considering the above facts, it is seen that the petitioner has paid a sum of Rs. 7,29,01,139/- if this payment is reckoned as against the present tax demand of Rs. 9,11,79,633/-, it would clearly show that the payment effected by the petitioner is nearly 85% of the tax dema....

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....nding consideration before the third respondent in an appeal filed by the petitioner. Secondly, the tax demand had been reduced, then it goes without saying that the demand of interest also should correspondingly be reduced. But, I find that the interest charged under Sections 234A, 234B and 234C of the Act has remained the same, i.e. both in the order of assessment dated 30.03.2015 and the impugn....