Supreme Court - Daily Orders
M/S Jyoti Hospital (P) Ltd. vs Pr. Commissioner Of Income Tax Central on 16 April, 2018
Bench: A.K. Sikri, Ashok Bhushan
ITEM NO.63 COURT NO.6 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No. 9761/2018
(Arising out of impugned final judgment and order dated 13-03-2018
in MB No. 5445/2018 passed by the High Court of Judicature at
Allahabad)
M/S JYOTI HOSPITAL (P) LTD. & ORS. Petitioner(s)
VERSUS
PR. COMMISSIONER OF INCOME TAX CENTRAL & ORS. Respondent(s)
Date : 16-04-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s)
Mr. Kavin Gulati, Sr. Adv.
Mr. Dinesh Dwivedi, Sr. Adv.
Mr. Pawanshree Agrawal, AOR
Mr. Akarsh Garg, Adv.
Mr. Rohit Sthalekar, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Principal Commissioner of Income Tax (Central) had passed orders dated 04.12.2017 directing the petitioner to pay a sum of Rs.1 Crore per month as a condition for staying the demand raised by the Assessing Officer. The petitioner has paid a sum of Rs.3.94 crores since then. This is in Signature Not Verifiedaddition to 3.66 crores which was paid earlier. The High Digitally signed by NIDHI AHUJA Date: 2018.04.17 17:16:30 IST Reason: Court by the impunged order dated 13.03.2018, has directed the Appellate Authority, i.e., Commissioner of Income Tax 1 SLP (C) No. 9761/2018 (Appeal), to decided the appeal within three months from the date of the communication of the said order. As per this order, the appeal shall be decided by the end of June, 2018.
Having regard to the aforesaid facts and the financial crunch which the petitioner is facing, we direct that no further payment shall be made by the petitioner till June, 2018, by which date, the Commissioner of Income Tax (Appeals) shall decide the appeal. Subsequent action if any can be taken depending upon the outcome of the appeal.
The special leave petition stands disposed of.
(NIDHI AHUJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
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