American Spring and Pressing Works Pvt. Ltd. v. Principal Commissioner of Income-tax -12 & Anr - 2017-LL-0503-188

Citation	2017-LL-0503-188
Appellant Name	American Spring and Pressing Works Pvt. Ltd.
Respondent Name	Principal Commissioner of Income-tax -12 & Anr
Court	HIGH COURT OF BOMBAY
Relevant Act	Income-tax
Date of Order	03/05/2017
Judgment	View Judgment
Keyword Tags	stay of demand of tax • alternative remedy
Bot Summary:	CORAM : S. C. DHARMADHIKARI AND PRAKASH D. NAIK, JJ. DATE : 3RD MAY, 2017 P.C. : 1 After this writ petition was heard for some time and when in all fairness Mr. Tiwari brought to our notice that the petitioner has challenged the Order of the Principal Commissioner of Income Tax, Mumbai for the assessment year 2011-2012 dated 22 nd March 2016 invoking his powers under section 263 of the Income Tax Act, 1961 before the Income Tax Appellate Tribunal Bench at Mumbai and that Tribunal being empowered in law to grant interim protection / stay, this writ petition is not entertained by us by relegating the petitioner to the remedy of an application for stay to be filed before the Tribunal. It can also issue any positive direction if it is satisfied that a 1/2 ::: Uploaded on - 05/05/2017 ::: Downloaded on - 06/05/2017 09:13:12 ::: skc 2 907 WPL 803 17.sxw prima facie case for grant of stay is made out, that balance of convenience and the apprehensions of the petitioner of irreparable injury and loss demand that the attachment levied on the petitioner's bank account and other movables be raised, conditionally or otherwise. 2 We keep all contentions including based on the grounds of this writ petition open for being urged before the Tribunal. 3 The Tribunal to exercise its powers uninfluenced by any order and directions issued on 9th March 2017 and 20th March 2017 by the Commissioner during the course of appeal challenging the assessment order. The assessment order is consequential to the impugned order passed under section 263 of the Income Tax Act, which is admittedly challenged in appeal before the ITAT at Mumbai. The Tribunal can exercise its powers irrespective of the fact that the petitioner has approached the Commissioners in appeal against the assessment order and they have passed a conditional order of stay. With this additional clarification, the writ petition need not be entertained.

skc 1 907 WPL 803 17.sxw IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 803 OF 2017 American Spring and Pressing Works Pvt. Ltd. ..Petitioner Vs. Principal Commissioner of Income Tax -12 & Anr. ..Respondents. Mr. S. C. Tiwari with Ms Rutuja Pawar for Petitioner. Mr. Nirmal Chandra Mohanty for Respondents. CORAM : S. C. DHARMADHIKARI AND PRAKASH D. NAIK, JJ. DATE : 3RD MAY, 2017 P.C. : 1] After this writ petition was heard for some time and when in all fairness Mr. Tiwari brought to our notice that petitioner has challenged Order of Principal Commissioner of Income Tax, Mumbai for assessment year 2011-2012 dated 22 nd March 2016 invoking his powers under section 263 of Income Tax Act, 1961 before Income Tax Appellate Tribunal Bench at Mumbai and that Tribunal being empowered in law to grant interim protection / stay, this writ petition is not entertained by us by relegating petitioner to remedy of application for stay to be filed before Tribunal. We clarify that Tribunal has concededly all powers and to protect interest of petitioner during pendency of appeal before it. It can also issue any positive direction if it is satisfied that 1/2 ::: Uploaded on - 05/05/2017 ::: Downloaded on - 06/05/2017 09:13:12 ::: skc 2 907 WPL 803 17.sxw prima facie case for grant of stay is made out, that balance of convenience and apprehensions of petitioner of irreparable injury and loss demand that attachment levied on petitioner's bank account and other movables be raised, conditionally or otherwise. 2] We keep all contentions including based on grounds of this writ petition open for being urged before Tribunal. 3] Tribunal to exercise its powers uninfluenced by any order and directions issued on 9th March 2017 and 20th March 2017 by Commissioner during course of appeal challenging assessment order. assessment order is consequential to impugned order passed under section 263 of Income Tax Act, which is admittedly challenged in appeal before ITAT at Mumbai. That appeal is pending. Therefore, Tribunal can exercise its powers irrespective of fact that petitioner has approached Commissioners in appeal against assessment order and they have passed conditional order of stay. With this additional clarification, writ petition need not be entertained. It is disposed of. (PRAKASH D. NAIK, J.) (S. C. DHARMADHIKARI, J.) chandka 2/2 ::: Uploaded on - 05/05/2017 ::: Downloaded on - 06/05/2017 09:13:12 ::: American Spring and Pressing Works Pvt. Ltd. v. Principal Commissioner of Income-tax -12 & Anr

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