M/S. Prithvi Consultants Pvt. Ltd v. Deputy Commissioner Of Income Tax And Anr

IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 86 OF 2017INTAX APPEAL NO. 39 OF 2016 M/S. PRITHVI CONSULTANTS PVT. LTD., ... Applicant Versus DEPUTY COMMISSIONER OF INCOME TAX AND ANR., ... Respondents Mr. Shivan Desai, Advocate for the Petitioners. Ms. Susan Linhares, Advocate for the Respondent nos. 1 and 2. -Coram:F. M. REIS &NUTAN D. SARDESSAI, JJ.-Date:2nd August, 2017 P.C. Heard Mr. Shivan Desai, learned Counsel appearing for thePetitioners and Ms. Susan Linhares, learned Counsel appearingfor the Respondent nos. 1 and 2. 2. This is an application to stay the penalty claimed by theRespondents in terms of Order dated 30.03.2017. The recordsreveal that the subject penalty was imposed based on an earlierdemand by the Respondents which are under challenge in theabove Appeal. The recovery of the subject demand has beenstayed subject to the conditions mentioned in the Order dated18.07.2017. It is not disputed that all the conditions therein have been satisfied. The Respondents have also been protected byimposing a condition that the Appellants shall not dispose of thesubject plot no. 2 subject to conditions stated therein. 3. Hence, as the main demand itself has been stayed subject to the conditions which have been duly satisfied, we are of theview that the penalty claimed by Order dated 30.03.2017 bestayed until further orders. 4. Civil Application stands disposed of. NUTAN D. SARDESSAI, J. arp/* F. M. REIS, J.