2024 (4) TMI 406

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....15-3-2024<br>WP(C) NO. 10023 OF 2024 - -<br>Income Tax<br>HONOURABLE MR. JUSTICE GOPINATH P. For the Petitioner: By Advs. G. Mini (1748), P.J. Anilkumar, P.S. Sree Prasad &nbsp; For the Respondents: Sri. Christopher Abraham, Income Tax Department, Sri. A. Kumar (SR.) P.R. Ajith Kumar, SC JUDGMENT 1. The petitioner is a Private Limited Company engaged in the real estate business. For th....

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....However, that writ petition was disposed of on 30.01.2024 refusing to interfere with the order of assessment and directing that the petitioner will have to avail statutory remedies against the order of assessment. According to the petitioner, he filed an appeal before the authority under the Faceless Appeal Scheme, 2021 along with an application for stay. It is the case of the petitioner that by v....

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....ppeal against Ext. P15 order of assessment without having to pay the advance tax in terms of the proviso to sub-section (4) of Section 249 of the 1961 Act. 3. Sri. A. Kumar, the learned Senior Counsel appearing for the petitioner, on the instructions of Adv. G. Mini has referred to the provisions of Section 249 of the 1961 Act to contend that the case of the petitioner / assessee falls within S....

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.... proviso to Section 249(4)(b) of the 1961 Act, a substantial amount will have to be remitted by the petitioner for maintaining the appeal. 5. Having heard the learned Senior Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent Department, I am of the view that since it is not seriously disputed that the case of the petitioner falls under the proviso....