2023 (3) TMI 988

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....y, thus be quashed and set aside. c) By issuing appropriate writ, the order passed by the respondent No.1 on 28th January, 2022, on the stay petition in the pending appeal, be quashed and set aside." 2. The petitioner contends that it is engaged in the business of manufacture and sale of sugar. The petitioner filed Income-tax return on 28.9.2022 for the financial year 2011-12 for assessment year 2012-13 under Section 139 of the Income-Tax Act, 1961. The petitioner declared its income to the tune of Rs.5,74,466,20/- after claiming deductions, under Sections 80(P)(2)(d), 80-IA(4) and 80G aggregating to Rs. 9,48,42,039/-. The respondent No.2 issued the notices to the petitioner under Section 142(1) of the Income-Tax Act. The petitioner re....

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.... the Income Tax Act. Petitioner is called upon to pay a sum of Rs. 3,56,82,330/- within a period of 30 days. 6. The petitioner contends that it approached the appellate authority i.e. Commissioner of Income-Tax (Appeals) Aurangabad-1 challenging assessment order dated 29.12.2019 under Section 246A of the Income-tax Act. On 13.10.2020, the petitioner preferred application for grant of stay. However, the respondent No.1 without considering the nature of the objections raised by the petitioner in the stay petition, passed an order dated 28.1.2022 directing the petitioner to deposit 20% of the amount under demand notice. According to the petitioner, the order is unsustainable in law and contrary to the settled position of law under governing p....

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.... to the judicial conscience. He would submit that the notice issued by the respondent No.2 under Section 148 of the Income Tax Act dated 5.3.2019 was without providing the reasons to the petitioners. To buttress his submissions, Mr. Adwant relied upon some orders passed by this Court in (1) W.P. No. 671 of 2022 dated 8th February, 2022 in the matter of Nirmal Bang Securities Pvt. Ltd. Mumbai Vs. Assistant Commissioner, Income-Tax; (2) The order dated 29th October, 2022 in W.P. 3284 of 2019 in the matter of Asian Paints Ltd. Vs. Assistant Commissioner, Income-Tax; (3) The order dated 21.12.2021 in W.P. No. 3554 of 2019 in the matter of Svitzer Hazira Pvt. Ltd. Vs. Assistant Commissioner, Income-Tax. (4) Aroni Commercials Vs. Assistant Commis....

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....e its application dated 13.10.2020. The petitioner was given notices for hearing dated 8.2.2021, 18.1.2022 as well as 27.1.2022. The petitioner availed the opportunity of hearing on given dates. It has been specifically brought to our notice that on 27.1.2022 the petitioner appeared through the authorized representative M/s. Shubhada Koppa, Chartered Accountant and Mr. R.D. Pagar, Chief Accountant. The order sheet is placed before us along with the affidavit in reply. It records that C.A. Shubhada A. Koppa and Chief Accountant Shri R.D. Pagar, argued for stay of impugned notice stating that first appeal is pending before appellate authority. It also records that the order has been passed on consent recorded by the representatives assessee. ....