JIK Industries Ltd. v. DCIT (2019) 178 DTR 444 / 310 CTR 287 (Bom.)(HC)

S. 225 : Collection and recovery-Stay of proceedings–Pendency of a appellate and revision proceedings–Tax recovery officer demanded for 50% of tax demand-PCIT directed to pay 20 % of tax demand–On writ High Court directed to pay only 5% of tax in dispute. [S. 226, 264 Art. 226]

Assessee first approached Tax Recovery Officer seeking stay of demands pending appellate and revisional proceedings. Tax Recovery Officer insisted that assessee must deposit 50% of tax demand to avoid recovery of rest. PCIT directed to pay 20% of tax demand. High Court held that assessee would have arguable points against many of additions made by AO. Nature of additions concerns finding of bogus purchases and inflated premium and share application money besides others. Therefore, assessee would deposit 5% of principal tax demand arising out assessment orders for AY. 2009-10, 2010-11, 2011-12.