2025 (9) TMI 301

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....efault, but learned counsel for the appellant is not relying on the pages, in which, default has been pointed out. Hence, the default pointed out by the Registry is ignored. 2. With the consent of learned counsel for the parties, the matter is heard finally. 3. This petition has been filed under Article 226 of the Constitution of India praying for the following relief(s) : "1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order dated 06/12/2024 and order dated 30/05/2025 as being illegal, arbitrary, perverse and passed in violation of principles of natural justice; 2. That, this Hon'ble Court may kindly be pleased to issue a writ....

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....e filed his return of income under Section 139(1) of the Income Tax Act, 1961 (for short "the Act, 1961"), for the Assessment Year 2022-23. His case was selected for scrutiny under CASS, and a notice was issued under Sections 143(2) and 142 of the Act, 1961. The Faceless Assessment Officer passed an assessment order under Section 144 read with Section 144B of the Act, 1961 determining the total income of the petitioner at Rs. 46,66,01,759/- as against the returned income of Rs. 27,46,480/-. Aggrieved by the assessment order, the petitioner filed an appeal before the Commissioner of Income Tax (Appeals) and also moved an application for stay of demand under Section 220(6) of the Act before the jurisdictional Assessing Officer. The said appli....

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....urned income. Consequently, the resulting demand is also 161 times higher than the returned income, indicating a case of high- pitched assessment. 6. Learned counsel for the petitioner would further submit that under Section 220(6) of the Act, 1961, there is no statutory mandate requiring the deposit of 20% of the tax demand for grant of stay or for restricting the right of appeal of an assessee. He also submits that in an identical issue, in respect of the Office Memorandum dated 31.07.2017, whereby, a direction was issued for pre- deposit as a condition for hearing of the appeal, came under consideration before the Hon'ble Supreme Court in Principal Commissioner of Income Tax 5 and Others Vs. LG Electronics India Private Limited, repor....

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....of condition to safeguard the interest of revenue. This is an aspect which the Tribunal has to bring into focus. It is for the Tribunal to impose such conditions as are deemed proper to safeguard the interests of revenue. Therefore, the Tribunal while dealing with the application has to consider materials to be placed by the assessee relating to undue hardship and also to stipulate condition as required to safeguard the interests of revenue. 7. Learned counsel for the petitioner further submits that in an identical case, the Division Bench of this Court, in W.A. No. 195/2024 (order dated 24.09.2024), pertaining to a high-pitched assessment of the total returned income, not only directed the appellate authority to decide the appeal expedi....