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2002 (3) TMI 31

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....d due to the petitioner for the assessment year 1996-97. The petitioner preferred an appeal before the Commissioner of Income-tax (Appeals), Guwahati. The said appeal has been rejected but the order passed by the appellate authority was communicated to the petitioner only on February 12, 2002. Consequent upon rejection of the appeal, the demand of Rs. 8,55,20,267 has been raised against the petitioner by the Assistant Commissioner of Income-tax, Dhubri Circle, by his notice dated February 8, 2002. For the assessment year 1996-97, the petitioner was assessed to a demand of Rs. 2,16,69,927. The said demand, however, has been adjusted by the Department due to the petitioner. The petitioner filed an appeal before the Commissioner of Income-t....

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....ch, 2002, to August, 2002, subject to payment of interest under section 220(2) of the Income-tax Act, 1961. Aggrieved by the said order in the communication dated February 28, 2002, of the Assistant Commissioner of Income-tax, Dhubri Circle, the petitioner has filed two writ petitions registered as WP(C) No. 1443 of 2002 and WP(C) No. 1458 of 2002. Dr. Saraf, learned counsel for the petitioner, submitted that pursuant to the said impugned communication dated February 28, 2002, of the Assistant Commissioner of Income-tax, Dhubri Circle, the petitioner has already deposited a sum of Rs. 5 crores for the assessment year 1998-99 but is not in a position to deposit the balance amount of Rs. 30,53,15,089 in six equal monthly instalments in the....