June 2023
Exparte order – Stay of Demand – CBDT instructions dated 31st July, 2017 – Averment made that addition was unsustainable – PCIT to pass speaking order on the contentions raised in the application:
By Ajay R. Singh, Advocate
6 Amtek Transportation Systems Ltd vs. ACIT, Circle-1(1), New Delhi & Ors,
[WP (C). 5197 OF 2023 & CM Nos. 20269 -70 of 2023; A.Y. 2021-22.
Dated: 25th April, 2023, (Del.) (HC)]
Exparte order - Stay of Demand – CBDT instructions dated 31st July, 2017 – Averment made that addition was unsustainable – PCIT to pass speaking order on the contentions raised in the application:
An
ex parte assessment order was passed on 27th December, 2022 under section 144 read with section 144B of the Act. This was followed by a demand notice dated 27th December, 2022 of Rs.129,70,09,500 for A.Y. 2021-22.
The Petitioner’s bank account was attached by virtue of an order dated 5th March, 2023 issued by the concerned authority.
The Petitioner had filed an application dated 15th March, 2023, wherein certain averments were made to set up a
prima facie case for staying the demand. The aspects concerning balance of convenience and irreparable injury were also, adverted to in the application.
The department vide impugned order dated 08th April, 2023, rejected the application for stay of the operation of demand notice without any cogent reasons.
The petitioner, in terms of the impugned order dated 8th April, 2023 was directed to deposit Rs. 25,94,01,900 if it wishes to have the benefit of stay on the demand notice.
The Petitioner stated that it was unable to mee
