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2014 (11) TMI 297

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..... e petitioner seeks for the issuance of writ of certiorarified mandamus, to quash the proceedings of the first respondent dated 08.10.2014 and to forbear the 1st respondent from initiating any proceedings for recovery of the disputed demands pursuant to the orders of assessment dated 31.03.2014 relating to Assessment Years 2008-09 to 2012-13. 2. The petitioner is a Company incorporated under the I .....

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..... ) of the Act on 05.05.2014. In the stay petition, the petitioner raised several grounds on the merits of the assessment orders and as to how the petitioner has a prima facie case for grant of stay and that the balance of convenience is in their favour for stay of recovery. 5. In the stay petition, the petitioner sought for stay of collection of tax pursuant to the orders of the assessment for the .....

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..... 14, the petitioner has approached this Court submitting that the respondent is not justified in issuing the impugned communication when the petition for stay is pending before the authority, where several grounds were raised by the petitioner. 6. In order to ascertain as to whether any order has been passed on the stay petition filed by the petitioner, this Court directed the learned Standing Cou .....

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..... n calling upon the petitioner to pay the demand for various assessment years. 9. In the light of the stand taken by the respondents/Department stating that orders would be passed in the stay petition, the writ petition is allowed and the impugned orders of the first respondent dated 31.3.2014 and 08.10.2014 are quashed. The respondents are directed to consider the petitioner's stay petition f .....

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