Ajmera Associates Limited v. M.s. Sanklecha, J

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1943 OF 2013 Ajmera Associates Limited....Petitioner. vs. Dy. Commissioner of Income Tax.…Respondent. Mr. V. B. Joshi with Mr. Abhishek Tilak for the Petitioner.Mr. Vimal Gupta, Senior Advocate with Ms. Padma Divakar for the Respondent. CORAM : MOHIT S. SHAH, C.J. AND M.S. SANKLECHA, J. DATE : 02 December, 2013 PC: In this petition under Article 226 of the Constitution of India the petitioner has challenged the orders dated 18 December 2012 and 20 December 2012 passed by the Deputy Commissioner of Income Tax Range 4(1), Mumbai. 2)This petition relates to demand of the tax for assessment year 2009-10. 3)The order dated 18 December 2012 (Exhibit-L) of the Deputy Commissioner records the fact that the petitioner had by a letter dated 8 August 2012 sought a stay of outstanding demand of Rs. 3,04,25,790/- on it depositing 50% of the outstanding ASN demand. This offer was accepted by the revenue. However, as the petitioner had not fully complied with its offer and had paid only Rs.1.24 crores the further application for stay of the rest of the demand was rejected. The petitioner was directed to pay arrears of outstanding tax for assessment year 2009-10 and 2010-11 sum of Rs.29,25,790/- and Rs.14,39,920 respectively. Moreover, by subsequent order dated 20 December 2012 the petitioner was informed that the petitioner's application for stay against the recovery of the outstanding arrears of demand for assessment year 2009-10 was already rejected. 4)Learned Counsel for the petitioner states that the petitioner's appeal for assessment year 2009-10 has already been heard by the Commissioner of Income Tax (Appeals) and is awaiting the passing of an appellable order. 5)Learned Counsel for the petitioner states that the petitioner's bank account were attached on the ground of non payment of outstanding tax amount and therefore, petitioner has paid further sum of Rs.15.00 lacs on 22 November 2013. According to the learned Counsel for the petitioner the amount paid by the petitioner so far is Rs.1,48,79,983/- (including interest). An amount of Rs.1,33,79,983/- was paid prior to filing of the writ petition on 20 December 2012 and Rs.15,00,000/- on 22 November 2013 aggregating to Rs.1,48,72,983/-. 6)In view of the above, it is open to the petitioner to appear before the Deputy Commissioner of Income Tax and satisfy him that an amount of Rs.1,48,79,983/- has been paid so far. The petitioner will pay to the revenue the balance amount so as to make it 50% of Rs.3,04,25,790/- within 10 days from today. Upon such deposit, the balance outstanding demand of 50% of the Rs.3,04,25,790/- will be stayed. The respondent not to take any coercive steps for recovery of the tax demand for a period of 10 days from today and on the petitioner paying in the aggregate 50% of the outstanding demand of Rs.3,04,25,790/- within 10 days from today there shall be a stay for recovery of the balance of 50% of the tax. 7)Petition is, accordingly, disposed of. CHIEF JUSTICE ` (M.S. SANKLECHA, J.)