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Allahabad High Court
– Photo: Amar Ujala
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The Allahabad High Court Bar Association has got a big relief from the Allahabad High Court. The Court quashed the order passed by the Principal Commissioner of Income Tax in the case of recovery of Rs 40 lakhs in the assessment year 2017-18 and ordered a fresh order to be passed. The order was given by a division bench of Chief Justice Rajesh Bindal and Justice JJ Munir while hearing a petition filed by the High Court Bar Association.
Senior advocate Manish Goyal, President Radhakant Ojha and General Secretary SD Singh Jadaun presented their side on behalf of the petitioner. It was said that the tax of Rs 40 lakhs collected by the Income Tax Department is arbitrary and wrong. When a reconsideration petition was filed in the case, the Principal Commissioner of Income Tax refused to hear it on the basis of penalty drop. Whereas, the single bench had passed an order to hear the matter on merits.
The High Court Bar Association has challenged the order of the Principal Commissioner of Income Tax. On this, the court after hearing canceled the order of Principal Commissioner of Income Tax and ordered to pass a fresh order after hearing. The Court said that despite its order, the Principal Commissioner of Income Tax did not comply.
Senior Tax and Finance Advisor Pawan Jaiswal said that the Bar Association does charitable work in the mutual interest of the advocates. Remand case of High Court Bar Association for four years under Section 12(A) of Income Tax Act is currently pending before Income Tax Lucknow (Exemption). However, the income of the association is exempt from tax. Nevertheless, the cases from assessment year 2016-17 to 2019-20 have been taken up for examination by the department.
