Wp/27669/2012 Of M/S. Plylam Centre v. Income Tax Officer

THE HONOURABLE SRI JUSTICEGODA RAGHURAMANDTHE HONOURABLE SRI JUSTICEB.N.RAO NALLA Writ Petition No. 27669 of 2012 Date: 10-10-2012 Between: M/s Plylam Centre, rep. by its PartnerMukesh Goel. And Income Tax Officer, Hydereabad …Petitioner ….Respondent THE HONOURABLE SRI JUSTICE GODA RAGHURAMANDTHE HONOURABLE SRI JUSTICE B.N.RAO NALLA Writ Petition No. 27669 of 2012 Oral order:(Per Hon’ble Sri Justice Goda Raghuram) Heard Sri S.Ravi, learned Senior Counsel for the petitioner andSri B.Narasimha Sharma, learned Standing Counsel for the IncomeTax for the respondent. The challenge in this writ petition is to the order dated 25-7-2012 passed by the respondent rejecting the petitioner’sapplication for stay of recovery of the tax and interest as determined bythe order of Assessment dated 30-12-2011 passed by the respondentafter a survey of the petitioner’s premises under Section 133A of theAct. Balance tax liability of Rs.22,78,839/- and an interest componentof Rs.7,70,110/- was determined by the order of Assessment dated 30-12-2011. Thereagainst the petitioner preferred an appeal and pendingthe appeal sought stay of collection of the tax and interest asdetermined. The complaint in the writ petition is that the respondent bythe impugned orderhas rejected the petitioner’s application recordingno reasons for declining to keep the order of Assessment in abeyance,till the disposal of the appeal. Be that as it may. In the facts and circumstances and after hearing the learnedSenior Counsel for the petitioner and the learned Standing Counsel forthe respondent, we consider it appropriate to grant stay of recovery ofthe amount of tax and interest determined by the order dated 30-12-2011 and till the disposal of the appeal preferred by the petitioner to the Commissioner (Appeals), Hyderabad; on condition that thepetitioner deposits 50 per cent of the tax component determined i.e., 50per cent of Rs. 22,78,839/- within four weeks from today. In default ofsuch deposit within the time stipulated, the stay granted herein shallstand dissolved forthwith on occurrence of the default and therespondent would be at liberty thereafter to recover the amount of taxand interest determined by the order of Assessment dated 30-12-2011. The Commissioner (Appeals) may consider expeditiousdisposal of the appeal preferred by the petitioner on 27-2-2012. The writ petition is disposed of as above. No order as to costs. ________________________ GODA RAGHURAM, J Date: 10-10-2012 GRR ______________________ B.N.RAO NALLA, J