SINHCAD TECHNICAL EDUCATION SOCIETY Vs. TAX RECOVERY OFFICER
LAWS(BOM)-2017-2-226
HIGH COURT OF BOMBAY
Decided on February 08,2017

Sinhcad Technical Education Society Appellant
VERSUS
TAX RECOVERY OFFICER Respondents

JUDGEMENT

- (1.) This petition challenges the order dated 15th Jan., 2017 passed by the Director General of IT (Investigation), Pune relating to asst. yrs. 2008-09 to 2014-15. By the impugned order dated 15th Jan., 2017, the petitioner's application for not being treated as an assessee in default in respect of assessment orders from which appeals to the CIT(A) were pending disposal, were disposed of by one order as the principal issues in appeal for the subject assessment years are similar.
(2.) The impugned order dated 15th Jan., 2017 has granted a stay of recovery of a total demand aggregating to Rs. 141.76 crores, subject to the petitioner depositing an amount of 15 per cent of the aforesaid amount i.e. Rs. 21 crores. However, the impugned order directs the petitioner to pay the amount of Rs. 21 crores in instalment of Rs. 1.75 crores per month beginning with 25th Jan., 2017 till the decision of the CIT(A) on the petitioner's pending appeals. In fact, the impugned order dated 15th Jan., 2017 notes in conclusion as under : "14. It may be noted that the amount of monthly payment is only 1.24 per cent of the total demand. If the assessee co-operates with the CIT(A) and the appeals are decided say in the month of March, 2017, the assessee will be required to pay only Rs. 3.5 crores in two instalments against total demand of Rs. 141 crores. The demand position will be reviewed by AO after the decision of CIT(A)."
(3.) We are informed that the CIT(A) has commenced hearing the petitioner's appeals for asst. yrs. 2008-09 to 2014-15 on 2nd Feb., 2017. In view of the above, we did not get into the merits of the petitioner's challenge to the impugned order and asked Mr. Waive, learned counsel for the respondent-Revenue as to how long the CIT(A) will take to dispose of the appeals in respect of which the hearing has already commenced. Mr. Waive, on instructions states that the same would be disposed of as expeditiously as possible. However, he is unable to commit himself to a date as the record is voluminous.;


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