Deloitte Consulting India Pvt.ltd v. The Assistant Commissioner Of Income Tax Circle2(2), Mumbai And Others

1 of 2 WP.153.2013 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.153 OF 2013 Deloitte Consulting India Pvt.Ltd.PetitionerversusThe Assistant Commissioner of Income TaxCircle2(2), Mumbai and othersRespondents Mr.Jehangir D. Mistri, Sr.Advocate with Mr.Nishant Thakkar and Mr.Atul Jasani for Petitioner.Mr.P.C.Chhotaray for Respondents. CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ. DATE : 30 January 2013 PC : 1.This petition is companion to Writ Petition No.152 of 2013 which has been disposed of by an order passed separately today. The petition relates to the recovery of a demand of Rs.2.31 crores for the assessment year 2005-06 in respect of a penalty imposed under section 271(1)(c) of the Income Tax Act, 1961. 2.Learned Senior Counsel appearing on behalf of the Petitioner and learned counsel for the Revenue state that the facts of this case are similar to those of the companion petition which has been disposed of today. No separate submissions have been urged by both the sides. 2 of 2 WP.153.2013 3.For the reasons already stated by the Court for the disposal of the companion petition, we dispose of the Petition by directing that the Petitioner shall deposit an amount of Rs.Fifty lakhs in two installments, each of Rs.Twenty five lakhs. The first installment of Rs.25.00 lakh shall be deposited on or before 28 February 2013 while the second installment of Rs.25.00 lakh shall be deposited on or before 31 March 2013. Conditional on the aforesaid deposit, there shall be a stay of the recovery of the demand in respect of the penalty imposed under section 271(1)(c) in the amount of Rs.2.31 crores for A.Y.2005-06. In the event of such deposit, the stay of recovery shall continue to operate pending disposal of the appeal before the CIT(A) and in the event an adverse order is passed, the same shall not be given effect for a period of two weeks from the date of communication of the order. The petition is accordingly disposed of. No costs. (DR.D.Y.CHANDRACHUD, J.) (A.A.SAYED, J.)