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TMI Blog2018 (3) TMI 1815X X X X Extracts X X X X X X X X Extracts X X X X ..... egistry is directed to fix the cases for out of turn hearing on 07.05.2018. The non fulfillment of conditions of stay hereinabove, or unjustified seeking of adjustments by the assessee would render this stay cancelled. - S.A. No. 521/Mum/2017, 561/Mum/2017, 562/Mum/2017 (Arising out of ITA No. 6765/Mum/2017, 2053/Mum/2016, 2235/Mum/2017) - - - Dated:- 13-3-2018 - Shri Shamim Yahya, AM And Shri Ravish Sood, JM Appellant by: Shri Sunil M. Lala Respondent by: Shri V. Janardhana ORDER Shamim Yahya, By way of this stay application, the assessee seeks the stay of outstanding demand of tax and interest for assessment years 2011-12, 2012-13 and 2013-14 respectively. The details ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,73,55,620 Total tax paid (including refunds due) 4,10,30,000 28,64,66,279 - 72,70,29,157 Percentage (on taxi) 51% Percentage (on total) 34% 2. Thus the assessee has further submitted that the refund is due for assessment year 2015-16 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the assessee has already paid/sought adjustment for 51% of the tax demand already paid and for the remaining it has a strong prima facie case in favour, an absolutely stay of demand should be granted. 4. Per contra, the ld. Departmental Representative submitted that the refund claimed by the assessee amounting to ₹ 28,21,77,258/- is due in the name of an amalgamating company which has a different PAN number. He submitted that there are technical difficulties in the Income Tax Department due to which this amount cannot be adjusted with the demand of the assessee. He submitted that he will request the concerned Assessing Officer to make the payment of the said amount within 60 days and the assessee should be called upon to m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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