2020 (2) TMI 1290

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.... Petitioner. Ms. Amira Razaq, Standing Counsel for the Respondent. JUDGMENT (Per M.S. Sonak) Heard Mr. Gaurang Panandiker for the Petitioner and Ms. Amira Razaq, Standing Counsel for the Respondent.   2. Rule. Rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties. 3. The challenge in this petition is to the notice dated 12.....

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....ut that the petitioner, vide his application dated 22.01.2020 has pointed out to the ITO that the petitioner, is due to get refund of Rs. 23,66,633/- from the Income Tax Department and therefore, the amount of Rs. 13,37,462/- may be adjusted from out of the refunds due to the petitioner. Mr. Panandiker submits that the petitioner's application dated 22.01.2020 is yet to be decided by the ITO a....

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....to pay this amount. The petitioner, by its application dated 22.01.2020 has merely pointed out that the tax refunds due to the petitioner are to the tune of Rs. 23,66,633/-. The petitioner, has therefore only requested that necessary adjustments be made from out of the tax refunds due to the petitioner. 8. According to us, the ITO, was required to consider the petitioner's application dated....

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.... seeking, in effect, a stay on the recoveries as expeditiously as possible and in any case within a period of six weeks from today. Until the petitioner's application dated 22.01.2020 is disposed of, the ITO to not insist upon compliance with the impugned notice dated 12.02.2020. 10. The petitioner - assessee to appear before the ITO on 04.03.2020 at 10.30 a.m. and file an authenticated cop....