Prince Business (India) Pvt. Ltd V. Union of India and Commissioner of Income Tax (Appeals) III and Commissioner of Income Tax, Central Circle and Deputy Commissioner of Income Tax (Central)-I

WPT/68/2015

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The case involves Prince Business (India) Pvt. Ltd., which filed a writ petition against the Union of India and other respondents concerning a high-pitched income tax assessment for the year 2012-2013. The petitioner argued that the assessment was unreasonably high and sought a stay on the demand notice issued for Rs. 3,94,18,780 to prevent coercive recovery actions. The petitioner had already appealed against the assessment order. The court considered the precedents and submissions from both parties and decided to stay the coercive recovery actions until the appeal was resolved, directing the appellate authority to expedite the decision.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 699314 (HC-CHHATTISGARH)
• Appeal Type: Others
• Pronouncement Date: 28-04-2015
• Assessment Year: misc
• Other Referred Cases: Taneja Developers & Infrastructure Ltd. vs. Assistant Commissioner of Income Tax & others, His Late Highness Maharana Shri Bhagwat Singhji Of Mewar vs. Income Tax Appellate Tribunal & others, Northern Coalfields Ltd vs. Commissioner of Income Tax and others, Municipal Corporation, Satna vs. Union of India and others
• Laws Referred To: Article 226/227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: NAUSHINA
• Assessee Lawyers: ANAND DADARIA
• Keywords: Coercive Steps; High-pitched assessment; Income tax appeal; Stay on demand notice
• Section: 226; 227

Judgement Text

"IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (T) No. /2015 PETITIONER ^^ Prince Business (India) Pvt. Ltd, a registered company registered under the Companies Act, having its registered office at •>?<' (^\" o.^'64B, B.K. Paul Avenue, Kolkata, West-Bengal- 700005, Through its director- Shri Manjeet Singh Gumber , S/o Late Shri Govind Singh Gumber, Aged About 4^Jf.ears, R/0 Behind Dr. Dhir Nursing Home, Dayalband, Bilaspur (C.G.) VER8US RESPONDENTS 1) Union of India, Through Secretary, Ministry Of Finance, Department of Revenue, Govemment of India, New-Delhi 2) Com.n'iissioner of Income Tax (Appeals) III- Revenue Building, Hosangabad Road, Bhopal(M,P.) 3) Commissioner of Income Tax, Central Circle, Revenue Building, Hosangabad Road, Bhopal (M.P.) 4) Deputy Commissioner of Income Tax (Central)-I, Central Revenue Building, Civil Lines Raipur(C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIAFOR I^SUANCE OF APPROPRIATE WRIT/WRITS. DIRECTION/ DIRECTION ETC. IN THE NATURE OF MANDAMUS, CERTIORARI AND/OR ANYOTHER SUITABLE_WRIT OF LIKE NATURE ~