Silvex Constructions Pvt Ltd v. Asst. Commissioner Of Income Tax - Circle 13(2)(1) & Ors

(Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J.WRIT PETITION NO. 1360 OF 2019 Silvex Constructions Pvt Ltd ..Petitioner Versus Asst. Commissioner of Income Tax - Circle 13(2)(1) & Ors...Respondents ................... Mr. Devendra H. Jain for the Petitioner Mr. Devendra H. Jain for the Petitioner Mr. Akhileshwar Sharma for Respondent Nos. 1 and 2Mr. Akhileshwar Sharma for Respondent Nos. 1 and 2 ................... CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : JUNE 24, 2019. P.C.: 1.The petitioner concerns depositing 20% of the disputedtax dues pending the appeal before the AppellateCommissioner against the assessment order. The petitioner'smain grievance is that the Department did not grant suitableinstallments for making such deposit. In the process, thepetitioner has argued the susceptibility of the additionsmade by the Assessing Officer as well as financial conditionof the petitioner company. 2.In a Writ Petition, we are not inclined to examinethreadbare the nature of the additions made by theAssessing Officer since the issues are pending before theAppellate Commissioner. Further, going by the financialcondition of the petitioner company, some reasonableinstallments may be called for but certainly not of 12 monthsas prayed by the learned counsel for the petitioner. 3.Under these circumstances, the petitioner is grantedtime upto 31.10.2019 to deposit 20% of the disputed tax.This shall be done in four equal monthly installments fallingdue on 30th of every month starting with July, 2019. If this isdone, there shall be no further recoveries pending the appealfiled by the petitioner. If the petitioner fails to deposit any ofthe installments, this stay shall stand automatically vacatedwithout reference to the Court. 4.Writ Petition disposed of. [ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]