Case Law Details
Manish Lakhotia Vs Income Tax Officer (Calcutta High Court)
The petitioner is aggrieved by the order dated 7th February, 2023 passed by the Assessing Officer directing the petitioner to pay 20% of the tax demand and then file stay petition for granting stay on tax demand.
The petitioner submits that the petitioner filed an application under Section 246 of the Income Tax Act, 1961 annexed all the documents in support of his prayer. The Assessing Officer, without considering the relevant documents passed an absolutely non-speaking mechanical order, giving no reason as to why the prayer of the petitioner cannot be allowed.
Reliance has been placed on the order passed by the Hon’ble Supreme Court in the matter of Principal Commissioner of Income Tax –Vs- M/s. L. G. Electronics India Private Limited reported in (2018) 18 SCC 447.
Learned advocate representing the respondent authorities opposes the submission of the petitioner. It has been submitted that in view of the amended provision of the Income Tax, it is mandatory to deposit 20% of the tax amount prior to the appeal being heard.
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