2018 (1) TMI 1662

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..... s seeking adjournment for hearing of the main appeals. As the balance of convenience is in favour of the assessee considering the fact that the Hon ble High Court has given stay of recovery for the earlier years and also considering the fact that the assessment order was passed in the name of non-existing company, the assessment order itself may not survive depending upon the facts on record. We c .....

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..... ion 194H of the Act on the discount extended to prepaid distributors, the jurisdictional High Court, very recently has stayed the recovery of demand for the prior FY s i.e. FYs 2009-10 to 2014-15 on the similar issue. The Hon'ble High Court while passing the order has duly acknowledged the fact that the substantial question of law is pending before the Hon'ble Supreme Court for adjudicatio .....

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..... ntly affirmed by Hon'ble Supreme Court vide order dated November 2, 2017 in Civil Appeal 285 of2014. 3. Referring to the above factual background, ld. AR of the assessee submitted that, despite the above, the ld. TDS Officer proceeded to pass the order u/s 201(1)(1A) of the Act in the name of VSL itself, which is bad in law and hence, no further demand can be recovered for the AY under consid .....

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