Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (10) TMI 153

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tay of recovery of outstanding tax arrears (tax and interest) amounting to Rs.132.48 crore. The relevant assessment years are 2015-2016 to 2018-2019. 2. The learned AR out the very outset submitted that all the issues raised in these appeals are identical to issue raised in the assessment years 2012-2013 to 2014-2015 and the Tribunal (assessee's own case for A.Y. 2012-2013 to 2014- 2015) in ITA Nos.693/Bang/2017, 2680/Bang/ 2017 and 3373/Bang/2018, restored all the issues to the files of the Assessing Officer to consider the same afresh. Copies of the orders of the Tribunal in assessee's own case for assessment years 2012-2013 to 2014-2015 (supra) are placed on record. 3. The learned Departmental Representative was duly heard. The A.O. ha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 9,67,793 3. In this regard, it is pertinent to mention that the issues disputed under the aforesaid appeals are broadly similar in substance to the adjustments made in the case of the assessee company for the preceding AYs i.e. 2012-13 to 2014- 15, which were also challenged before the Tribunal, and the tribunal had adjudicated the matter vide ITA No.693/Bang/2017, 2680/Bang/2017, and 3373/Bang/ 2018 respectively, setting aside the matter to AO with a direction to undertake de novo assessment in accordance with the law. 4. Considering above, it is observed that the appeal in the instant case with similar issues and facts are therefore covered by the order of the tribunal for the earlier years discussed supra. 5. Further, the amount of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... outstanding demand arising out of issues already decided in favour of the assessee by the Tribunal in the earlier assessment years cannot be recovered, we deem it fit to grant stay of recovery of outstanding demand for a period of 180 days or the final disposal of the appeals, whichever is earlier. Since the issues raised in these appeals are covered by the earlier order of the Tribunal for assessment years 2012-2013 to 2014-2015, we post these appeals for hearing to 21st September, 2022. Since the date of hearing is pronounced in the open Court, both the parties have waived the right to separate notice of hearing. It is ordered accordingly. 7. In the result, the stay applications filed by the assessee are allowed. Order pronounced on th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates