Wp/6959/2014 Of A.jagan Mohan Reddy v. The Commissioner Of Income Tax ( Appeals)-Iv

THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTAAND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.6959 of2014 ORDER:(Per the Hon’ble Sri Justice Ashutosh Mohunta) This writ petition is filed under Article 226 of the Constitution ofIndia, to declare the action of respondent Nos. 2 and 3 in takingcoercive steps for recovery of the revised amount assessed forpayment of the tax for the Assessment Year 2009-2010 together with interest during the pendency of the appealbefore the 1[st] respondent as illegal and arbitrary. In the present case, there was a reassessment for the year2009-2010 and vide order in proceedings No.67/CIT-III/STAY/2012-13 dated 19.12.2012 passed by theCommissioner of Income Tax-III, Hyderabad, the petitioner wasdirected to pay 50% of the demand on or before 25.03.2013 in equalinstallments w.e.f., 26.12.2012 The petitioner has not complied with the direction issued by theCommissioner of Income Tax-III, Hyderabad. We find that the directionissued by the Commissioner is very reasonable as the petitioner hasbeen directed to pay 50% of the demand. In view of the above, we find no merits in this writ petition andthe same is dismissed. However, keeping in view the fact that thepetitioner has been prosecuting the matter before the HigherAuthorities, we grant time to him till 12.05.2014, to comply with theorder dated 19.12.2012 passed by the Commissioner of Income Tax-III, Hyderabad. No costs. Miscellaneous petitions pending if any, in this Writ Petition shallstand dismissed. __________________________________ JUSTICE ASHUTOSH MOHUNTA. _________________________________________ JUSTICE M. SATYANARAYANA MURTHY. Date : 11-03-2014pab