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TMI Blog2019 (9) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... prejudice to the Petitioner s right and contentions, they would file the audit report in Form E-704 for the subject Financial Years 2012- 13, 2013-14, 2016-17 and 2017-18 within a period of four weeks from today. It is important to bear in mind that for the subject Financial Years, the Petitioners have on their own, admittedly discharged the VAT payable under the Act. In view of the above consensus arrived at between the parties, no specific directions are required to be passed - petition disposed off. - WRIT PETITION NO. 2031 OF 2019 - - - Dated:- 20-9-2019 - M.S. SANKLECHA NITIN JAMDAR, JJ. Mr. Rafique Dada, Senior Advocate a/w. Sanchita Rungta, Jintendra Motwani i/b. Economic Laws Practice for the Petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is no obligation to comply with the Act and all proceedings under the Act are without jurisdiction. 4. However, this Court in the Petitioner s case being Writ Petition No. 2818 of 2012 (Tata Sons Ltd. Vs. State of Maharashtra) decided on 28 January 2015 held for the period 1998-99 to 2001-02 that the Petitioners are liable to pay tax under the Act on allowing the use of its brand name / trade name by its group companies for consideration. The Petitioners have preferred an appeal from the above order to the Hon ble Supreme Court. The Appeal was admitted on 23 November 2015. The Hon ble Supreme Court while admitting the above appeal had stayed the imposition of penalties imposed under the Act while directing the Petitioners her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Petitioner s right and contentions, they would file the audit report in Form E-704 for the subject Financial Years 2012- 13, 2013-14, 2016-17 and 2017-18 within a period of four weeks from today. It is important to bear in mind that for the subject Financial Years, the Petitioners have on their own, admittedly discharged the VAT payable under the Act. 8. Mr. Dushyant Kumar, learned AGP on instructions states that if the Petitioners file the Audit Report in Form E-704 as undertaken by them to this Court, the Respondents will keep the impugned show cause notices in abeyance. 9. In view of the above consensus arrived at between the parties, no specific directions are required to be passed. Needless to state further co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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