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

2023 (7) TMI 1282

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to whether the amount that has been demanded for the AY 2013-2014 is inclusive of the amount that was added in the Assessment Order dated 09.12.2016, which has been set aside by the Appellate Tribunal. The demand that has been made prima facie appears to be contrary to the order passed by the Appellate Tribunal. Be that as it may, this is a fit case for giving a Mandamus to the respondents to consider and pass appropriate orders on the representation dated 08.06.2023 of the petitioner. Petitioner's representation shall be disposed by the first respondent within a period of six weeks from the date of receipt of a copy of this order. The giving effect to order shall be passed by the second respondent within a period of twelve week .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... added Transfer Pricing Adjustment and disallowed the expenses claimed towards Research and Development as detailed below:- Total Income as admitted in the return Rs. 11,65,67,340/- Add: Transfer Pricing Adjustment Rs. 2,00,98,068/- Add: Disallowance of Research and Development expenses Rs. 1,99,60,831/- Total income assessed Rs. 15,66,26,239/- 5. The petitioner thus filed an appeal before the Appellate Tribunal. The Appellate Tribunal by its order dated 20.06.2018, had allowed the appeal of the petitioner insofar as the Transfer Pricing Adjustment of Rs. 2,00,98,068/- but remit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... arned Standing Counsel for the respondents stating there is no clarity as to whether the amount of Rs. 11,74,336/- that has been demanded for the Assessment Year 2013-2014 is inclusive of the amount that was added in the Assessment Order dated 09.12.2016, which has been set aside by the Appellate Tribunal. The demand that has been made prima facie appears to be contrary to the order passed by the Appellate Tribunal. 11. Be that as it may, this is a fit case for giving a Mandamus to the respondents to consider and pass appropriate orders on the representation dated 08.06.2023 of the petitioner. 12. The petitioner's representation shall be disposed by the first respondent within a period of six weeks from the date of receipt of a .....

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