2019 (4) TMI 973

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.....C.: 1. Heard learned Counsel for the parties for final disposal of the Petition. 2. The Petitioner has challenged the orders passed by the Assessing Officer and Principal Commissioner of Income Tax, insisting that the Petitioner must deposit 20% of the disputed tax demand pending the Appeal against the order of assessment before the Commissioner (Appeals). 3. The Petitioner is a partners....

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....nally. The Assessing Officer rejected such a request by the order dated 13/02/2019. The Petitioner thereaupon approached the Principal Commissioner who insisted that the Petitioner must deposit 20% of the disputed tax to enable the Petitioner to enjoy the stay against the recoveries. Since the Petitioner had not fulfilled such condition, departmental authorities have attached the Petitioner's foll....

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.... basis of gross profit rate taking average of last few years of Petitioner's business, could not have thereafter made further additions under section 68 of the Act. The Petitioner thus has strong prima facie grounds to urge before the Appellate authority. He submitted that in any case, the department cannot attached the Petitioner's overdraft accounts. 6. Learned Counsel Mr. Suresh Kumar appear....

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.... we are sure, the Petitioner would raise about before the Commissioner (Appeals) and the Commissioner (Appeals) would take a view in accordance with the law. However, taking into account totality of the facts and circumstances of the case, in our opinion, asking the Petitioner to deposit 10% of the disputed tax pending the Appeal, would serve the purpose of justice. Subject to Petitioner fulfillin....