VODAFONE M Vs. PRINCIPAL COMMISSIONER OF INCOME

JUDGEMENT

(1.) At the request of the Counsel, the petition is being disposed of finally at the stage of admission.

(2.) This petition challenges the order dated 23rd February, 2018 passed by the Principal Commissioner of Income Tax. By the impugned order, the petitioner's representation made under Section 220(6) of the Income Tax Act, 1961 ("the Act" for short) seeking complete stay of the demand of Rs. 62.38 crores arising out of the assessment order dated 21st December, 2017 relating to Assessment Year 2015-16 till the petitioner's pending appeal is disposed off by the Commissioner of Direct Taxes (Appeals) (CIT (A)), was partly rejected by directing the petitioners to pay 50% of the demand.

(3.) For the Assessment Year 2015-16, the Assessing Officer passed an assessment order dated 21st December, 2017 under Section 143(3) of the Act determining a tax demand of Rs. 62.38 crores. Being aggrieved, the petitioners filed an Appeal on 23rd January, 2018 to the CIT (A). On 25th January, 2018 the petitioner filed an application to the Assessing Officer under Section 220(6) of the Act seeking stay of the complete demand raised by assessment order dated 21st December, 2017. By an order dated 29th January, 2018 the Assessing Officer rejected the petitioner's application for complete stay of the demand under Section 220(6) of the Act till the disposal of the Appeal by the CIT (A) and directed the petitioners to pay 20% of the demand and approach him later for deciding the schedule for payment of the balance demand.