1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). /2018 (Arising out of Special Leave Petition(C) No(s). 30868-30869/2018) M/S KRISHNA ENTERPRISES Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX (APPEALS) & ORS. Respondent(s) ORDER Leave granted. We have heard learned counsel for parties as very short issue is involved in this appeal. appellant herein has filed appeal against reassessment order which has been confirmed by Commissioner of Income Tax (Appeals) (CIT) and appeal is pending before Income Tax Appellate Tribunal (ITAT). Since appellant wanted stay of demand of tax as well as reassessment, it filed petition in this behalf before High Court. Vide order dated 28.08.2018 High Court granted interim injunction subject to condition that appellant/assessee deposits sum of Rs.75,00,000/- before Income Tax Authorities within period of four weeks from date of receipt of copy of said order Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2018.12.13 dated 28.08.2018. 16:56:54 IST Reason: appellant could deposit only sum of Rs. 25,00,000/- during said period and, therefore, it moved application before High Court seeking extension of time. In 2 this application High Court has passed impugned order dated 28.09.2018 granting further eight weeks time to appellant to deposit amount. However, at same time amount of Rs.75,00,000/- ordered earlier has been enhanced to Rs.1,50,00,000/-. This enhancement of amount is challenged by appellant in this appeal. ground on which appellant had asked for extension of time by moving aforesaid application was that it was facing financial crisis and, therefore, balance amount Rs.50,00,000/- be allowed to be deposited within extended time. While this has been done, we do not see any reason on what basis High Court could direct that instead of Rs.75,00,000/- ordered earlier, amount to be deposited would be Rs.1,50,00,000/-. Needless to mention that earlier order dated 28.08.2018 was passed by High Court itself deeming it appropriate to direct appellant to deposit Rs.75,00,000/- and on that basis interim injunction was granted. Department never challenged this order. appellant, on other hand, had simply asked for extension of period of time to deposit said amount. In these circumstances, direction of High Court to appellant to deposit sum of Rs.1.50,00,000/- cannot be sustained. We, therefore, allow this appeal and modify order dated 28.09.2018 to extent that balance amount of Rs.50,00,000/- be deposited within period of eight weeks time which was extended by High Court. We are informed that appellant has already deposited aforesaid amount on 07.12.2018. This statement is taken on record. 3 In this appeal appellant has stated that in any case appellant is willing to give one of its land measuring 30.23 acres whose value is about 11.45 crores. security of aforesaid land shall also be furnished to satisfaction of Assessing Officer within four weeks from today. appeals are disposed of in above terms. ......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] ......................J. [S. ABDUL NAZEER] NEW DELHI; DECEMBER 11, 2018. 4 ITEM NO.8 COURT NO.3 SECTION XII S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 30868-30869/2018 (Arising out of impugned final judgment and order dated 28-09-2018 in WMP No. 29548/2018 28-08-2018 in WPM No. 25290/2018 passed by High Court Of Judicature At Madras) M/S KRISHNA ENTERPRISES Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX (APPEALS) & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 11-12-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Deepak Chopra, Adv. Mr. Amit Shrivastava, Adv. Mr. Harpreet Singh Ajmani, AOR For Respondent(s) Mr. H. Raghavendra Rao, Adv. Mr Shekar Vyas, Adv. Ms. Anil Katiyar, Adv. UPON hearing counsel Court made following O R D E R Leave granted. appeals are disposed of in terms of signed order. Pending application(s), if any, stands disposed of accordingly. (ASHWANI KUMAR) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on file) 5 Krishna Enterprises v. Commissioner of Income-tax (Appeals) & Or