TaxTMI 
TaxTMI 
2021 (10) TMI 246
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.... order dated 04.01.2019 in WMP(MD)No.82 of 2019 had granted interim stay of the operation of the said order. There is no dispute that the interim stay is still in operation. In the meanwhile, the Assistant Commissioner of Income Tax, Central Circle-1, Madurai issued notice of demand under Section 156 of the Income Tax Act, 1961 on 23.03.2020 calling upon the petitioner to pay a sum of Rs. 1,33,57,360/-. According to the petitioner, issuance of the said notice of demand constitutes a willful breach of the interim order granted by this Court. 2.Statutory notice was issued and the contemnor appeared before this Court and filed an affidavit justifying the issuance of the said notice of demand. 3.The learned Senior Counsel appearing for the pe....
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....tion filed before this Court. According to him, after purporting to give effect to the order of the appellate authority, when the petitioner had challenged the resultant order, the question of filing an appeal challenging the appellate authority's order will not arise at all. According to the learned Senior Counsel, the very act of filing the appeal is contumacious. He also would submit that this Court had granted an unconditional interim stay of all further proceedings. Therefore, the contemnor ought not to have issued the impugned notice of demand. He would further contend that when the petitioner applied for rectification in respect of the orders passed by the subsequent assessment orders by invoking Section 115JC, the contemnor summ....
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....year 2015-16. He was issued with an assessment order. He filed an appeal. The appeal was partly allowed. The order of the appellate authority was sought to be given effect to by passing the order dated 29.11.2018. That was put to challenge and I granted interim stay of the same. Thereafter, the assessing authority had filed an appeal against the order of the appellate authority before the Income Tax Appellate Tribunal. It is true that if the said appeal filed by the assessing authority is allowed, the writ petition itself may become infructuous. It is also alleged that in the condone delay petition filed before the Tribunal, subsequent developments have not been set out. In my view, that will in no way amount to contempt of the interim orde....
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....e applicability of a particular provision. When the issue is yet to be decided, the authority can very well take a stand in the meanwhile. Grant of interim order of stay will not amount to handing out a final decision on the particular issue. This Court had taken only a prima facie view and passed an interim order of stay. That will not tie the hands of the authority in reiterating their stand in the rectification proceedings. 9.The respondent/contemnor filed a detailed affidavit justifying the issuance of notice of demand. The learned standing counsel took me through the order passed by the appellate authority. Even while granting 100% deduction under Section 80-1B (11C) of the Act, the appellate authority had given a finding that the pet....
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....6,52,747/- was added which is based on difference in collection as on 20.08.2014. The CIT (Appeals) has granted a relief of Rs. 2,49,410/- and confirmed the addition of Rs. 24,03,337/-, thereby partly allowed the claim of the assessee. For the amount Rs. 24,03,337/- the Section states that penalty could be levied from 30% to 90% and the revenue has imposed 30%. The amount of Rs. 7,21,000/- is 30% of Rs. 24,03,337/-) under clause (c) of sub section (1) of section 271AAB. 6.I respectfully submit that if the amount Rs. 1,26,36,360/- and Rs. 7,21,000/- are added the amount is Rs. 1,33,57,360/- and for this amount only the demand notice under Section 156 dated 23.03.2020 was issued. In fact this notice was issued along with the order passed im....