Agra Development Authority v. Commissioner Of Income Tax Agra & 3 Others
[Citation -2015-LL-1106-1]

Citation 2015-LL-1106-1
Appellant Name Agra Development Authority
Respondent Name Commissioner Of Income Tax Agra & 3 Others
Court HIGH COURT OF ALLAHABAD
Relevant Act Income-tax
Date of Order 06/11/2015
Judgment View Judgment
Bot Summary: An assessment order has been passed against the petitioner and a demand of approximately Rs.22 Crores have been made. The petitioner has filed an appeal before the Ist Appellate Authority recently in October, 2015 along with a stay application. Having heard the learned counsel for the parties, we dispose of the matter directing the Ist Appellate Authority to consider the stay application of the petitioner and pass an appropriate order after giving an opportunity of hearing within six weeks from today. It has been stated at the Bar that the petitioner has deposited Rs.3.15 Crores. We are of the opinion, that the petitioner should deposit another sum of Rs.1.85 Crores on or before 25th November, 2015. If the amount is deposited, the balance amount shall not be recovered till the disposal of the stay application by the Ist Appellate Authority.


Court No. - 37 Case :- WRIT TAX No. - 882 of 2015 Petitioner :- Agra Development Authority Thru' Its Secy. Respondent :- Commissioner Of Income Tax Agra & 3 Others Counsel for Petitioner :- Rahul Agarwal Counsel for Respondent :- S.C. Hon'ble Tarun Agarwala,J. Hon'ble Surya Prakash Kesarwani,J. Heard Sri Rahul Agarwal, learned counsel for petitioner and Sri Ashok Kumar and Sri Shubham Agarwal, learned counsel for respondents. assessment order has been passed against petitioner and demand of approximately Rs.22 Crores have been made. petitioner has filed appeal before Ist Appellate Authority recently in October, 2015 along with stay application. Since demand was being pressed, petitioner moved application under Section 220(6) of Income Tax Act before assessing officer, who by its order dated 21.10.2015 directed petitioner to deposit sum of Rs.5 Crores and balance amount in instalment @ Rs.2 Crores per month, by 7th of each month. Having heard learned counsel for parties, we dispose of matter directing Ist Appellate Authority to consider stay application of petitioner and pass appropriate order after giving opportunity of hearing within six weeks from today. It has been stated at Bar that petitioner has deposited Rs.3.15 Crores. We are of opinion, that petitioner should (2) deposit another sum of Rs.1.85 Crores on or before 25th November, 2015. If amount is deposited, balance amount shall not be recovered till disposal of stay application by Ist Appellate Authority. Order Date :- 6.11.2015 AKJ (Surya Prakash Kesarwani,J.) (Tarun Agarwala,J.) Agra Development Authority v. Commissioner Of Income Tax Agra & 3 Other
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