1990 (2) TMI 40

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....or vacating stay, the main writ petition is taken up for disposal and disposed of by the following order after hearing counsel for the petitioner as well as for the Revenue. The petitioner is aggrieved by the show-cause notice issued as at annexure D purporting to be one issued under section 276C(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The notice states that a sum....

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....e-tax Officer from proceeding to prosecute him on the ground that he is not defaulter, as he has objected to the assessment for the year 1985-86 under sub-section (2)(a) of section 143 of the Act and the second proviso to the said sub-section, by a fiction, makes him not to be a defaulter as long as his application is pending. The respondent has filed the statement of objections in support of t....

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....h reads as follows : "Provided further that in a case where the assessment made under sub-section (1) is objected to by an assessee by an application under clause (a), the assessee shall not be deemed to be in default-in respect of the whole or any part of the amount of the tax demanded in pursuance of the assessment under that sub-section, which is disputed by the assessee, in so far as such a....