Education Research And Development Foundation Vs Union Of India And Ors.(Calcutta High Court)
In the above-mentioned case, the assessee filed an appeal before the Commissioner (Appeals), which was pending, meanwhile, the assessee also filed an application for a stay of demand before the AO . However, this application was disposed of by directing the assessee to make a payment of 20 percent of the outstanding demand. Consequently, the assessee filed a writ petition before the Hon’ble High court of Calcutta and submits that in the event the petitioner is called upon to deposit 20% of the disputed amount, the same would result in enormous financial burden/stress and would effect day to day functioning of the petitioner. Therefore the Hon’ble High Court, in view of exceptional circumstances noted in the Office Memorandum dated 29-2-2016 and taking note of the case made out by the assessee, directed the assessee to make a payment of Rs. 40 lakhs only, which was less than 20 percent of the disputed tax, and the demand was to be stayed until the disposal of the appeals.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. By way of the present writ petition, the petitioner, in effect, is calling upon the respondents not to take further steps on the basis of the demand notice dated 7th April, 2024 appearing at page 34 of the writ petition.
