Fire Luxur Developers Pvt. Ltd. v. The Deputy Commissioner of Income-tax, Circle-3(1)(1), Bengaluru
[Citation -2019-LL-0221-17]
Citation | 2019-LL-0221-17 |
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Appellant Name | Fire Luxur Developers Pvt. Ltd. |
Respondent Name | The Deputy Commissioner of Income-tax, Circle-3(1)(1), Bengaluru |
Court | HIGH COURT OF KARNATAKA |
Relevant Act | Income-tax |
Date of Order | 21/02/2019 |
Assessment Year | 2016-17 |
Judgment | View Judgment |
Keyword Tags | disputed amount • demand notice • interim order • application for stay • garnishee proceedings |
Bot Summary: | It is further contended that First Appeal has been filed by the petitioner challenging the assessment order and the stay application filed by the -3- petitioner has been disposed of by the respondent on 06.02.2019. Being aggrieved, the petitioner has filed the petition before the First Appellate Authority and during the pendency of the stay application before the First Appellate Authority, the garnishee notices were issued by the respondent. Subsequent to the filing of the writ petition, the department has recovered the amount of Rs.1,48,72,743/- from the bankers of the petitioner on 20.02.2019 by way of a Demand Draft and the same is not encashed so far. Accordingly, learned counsel for the petitioner seeks for a direction to the respondent to restore back the said amount to the account of the petitioner and permit the petitioner to agitate the matter before the Appellate Authority where the stay application is pending for consideration, directing the First Appellate Authority to dispose of the same within a time frame. The petitioner having deposited ten per cent of the demand, if the balance ten percent is paid which is the order required to be passed by the Competent Officer in terms of the Notification dated 29.02.2016, the same shall be considered by the respondent. Justice will be met if a direction is issued to -5- the petitioner to deposit 10 of the balance disputed amount before the respondent within a period of two weeks. Writ petition stands disposed of directing the respondent to restore the amount if any collected from the petitioner s bankers pursuant to the garnishee notices issued impugned herein and withdraw the garnishee notices subject to the undertaking to be given by the petitioner that 10 of the disputed demand would be deposited within a period of two weeks from today. |