2023 (4) TMI 396

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....spondents : Sri. Christopher Abraham, SC. JUDGMENT Against Ext.P1 assessment order, the petitioner has preferred an appeal as Ext.P2. The petitioner has also preferred a stay application before the Assessment Officer on which the petitioner has been directed to pay 20% of the demand. The petitioner has approached this Court seeking direction to the Appellate Authority to consider and pass orders....

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....ines have also been put in place regarding the manner in which a best of judgment assessment should be made. Reliance is also placed on the decision of the Division Bench of the Delhi High Court in Taneja Developers & Infrastructure Ltd., V. Assistant Commissioner of Income Tax & Ors. reported in [2009 (222) CTR 521 (Delhi)], to submit that an assessment at twice the amount of the returned income ....

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....it is a case where the Appellate Authority should be directed to hear the appeal and dispose it of without insisting on payment. The counsel for the Department submitted that the appeal can be directed to be disposed of but however, it may be on the basis of a condition on payment of a portion of the tax. 3. I have considered the contentions on either side. It is seen that the appeal had been pre....