2012 (2) TMI 350 - HC - Income Tax

Plea for stay of the collection of tax and the interest assessee contesting disallowance of Rs 232.64 crores out of the additional vend fee special privilege fee payable under the Tamilnadu Indian made Foreign Spirit (Supply by Wholesale) Rules, 1983 deduction on account of enhancement of Special Privilege Fee rates in P&L a/c Held that - Petitioner is directed to deposit sum of Rs.21.62 crores in respect of the tax demand of Rs 86.47 crores as per the impugned order dated 7.2.2012, made u/s 220(6) within eight weeks from the date of receipt of a copy of this order for admissibility of appeal.

Summary

Issues:
1. Challenge to impugned order for tax demand and interest stay.
2. Allegation of arbitrariness and illegality in the order.
3. Disallowance of special privilege fee.
4. Claim of enhanced fee as allowable deduction.
5. Protection of substantial public revenue interest.

Analysis:
1. The petitioner sought a Writ of Certiorarified Mandamus to challenge the impugned order of the fifth respondent, requesting a stay on tax collection and interest for the assessment year 2004-05 until the appeal before the third respondent is disposed of.

2. The main contention was the arbitrariness and illegality of the fifth respondent's order, which directed the petitioner to pay 50% of the tax demand while granting the stay. The petitioner argued that the disallowance of a significant sum from the special privilege fee was erroneous, and the first respondent's decision on the fee rates not being an allowable deduction was also contested.

3. The respondents, represented by counsel, urged the court to consider an order that safeguards their interest due to the substantial public revenue involved in the matter.

4. The Court, after considering the arguments from both sides, directed the petitioner to pay a specific sum in relation to the tax demand within eight weeks as per the impugned order. Upon payment, the third respondent was instructed to review and decide on the appeal within twelve weeks. The writ petition was disposed of with these directions, and no costs were awarded. The connected miscellaneous petition was closed as a result.