Kanjur Gas Service v. Income-tax Officer, Ward 26(2)(6) Bandra (E), Mumbai & Anr
[Citation -2020-LL-0122-91]
| Citation | 2020-LL-0122-91 |
|---|---|
| Appellant Name | Kanjur Gas Service |
| Respondent Name | Income-tax Officer, Ward 26(2)(6) Bandra (E), Mumbai & Anr. |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 22/01/2020 |
| Judgment | View Judgment |
| Keyword Tags | application for stay • statutory remedy • assessment order • demand notice |
| Bot Summary: | PC : 1 Heard Mr. K. Gopal, learned counsel for the Petitioner; and Mr. Sham Walve, learned standing counsel Revenue for the Respondents. 3 Learned counsel for the Petitioner submits that the aforesaid assessment order was passed without giving proper notice and/or an opportunity of hearing to the Petitioner. He further submits that following the assessment order, notice of demand under section 156 of the Income Tax Act, 1961 has been issued by the Assessing Officer on 23.12.2019, raising a huge demand of income-tax alongwith interest. 4 On the other hand, learned standing counsel Revenue for Respondents submits that against the assessment order, Petitioner has the remedy of preferring appeal before the Commissioner of Income Tax under section 246 of the Income Tax Act, 1961. 5 Having heard learned counsel for the parties and on due consideration, court is of the view that Petitioner may avail the statutory remedy of appeal provided under the Income Tax Act, 1961 within a period of four weeks from today. He may also file application for stay and if such an application is filed Borey 2/3 spb/ 901wp-184-2020-o.doc that may be considered on its own merit by the Appellate Authority. 6 To enable the Petitioner to effectively avail the statutory remedy, notice of demand dated 23.12.2019 shall be kept in abeyance for the aforesaid period of four weeks. |