M/S Models Constructions Pvt. Ltd v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 26 OF 2016INTAX APPEAL NO. 2 OF 2016 M/S MODELS CONSTRUCTIONS PVT. LTD., Versus DEPUTY COMMISSIONER OF INCOME TAX ... Applicant ... Respondent Mr. Aurobindo Gomes Pereira, Advocate for the Applicant.Ms. Asha A. Desai, Advocate for the Respondent. -Coram:F. M. REIS &NUTAN D. SARDESSAI, JJ.-Date:10th October, 2016 P.C. Heard Mr. Pereira, learned Counsel appearing for the Applicants and Ms. Desai, learned Counsel appearing for the Respondent. 2. This is an application to stay the operation of the impugned demand by the Respondent-Revenue. It is not disputed that in termsof the circular dated 29.02.2016, to entertain an Appeal challengingsuch demand, atleast the minimum of fifteen percent of the amount inquestion has to be deposited. 3. In such circumstances, though the learned Counsel appearing forthe Applicants states that the Applicant has a good case on merits andthat the Appicant has deposited a substantial amount before the authorities when the demand in question was under challenge beforethe authorities below, nevertheless, it will not be possible for thisCourt at this stage to ascertain the correct amount to be deposited. 4. In such circumstances, the impugned order dated 20.01.2016 is stayed subject to the Applicants' depositing a total amount of fifteenpercent of the demand in question to the satisfaction of the PrincipalCommissioner of Income Tax within two weeks from today. 5. It is contended by the learned Counsel appearing for theApplicants that he has already deposited such amount. The PrincipalCommissioner to examine such aspect whilst complying with theabove directions. 6. Application stands disposed of accordingly. NUTAN D. SARDESSAI, J.F. M. REIS, J. arp/*