TMI Blog2013 (2) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in the earlier years on the very same issue has conclusively indicated in the order dated 03.02.2012 that the petitioner had a prima facie case, the Tribunal in the present case ought to have also held accordingly. If that were to be the position, then the Tribunal ought not to have deviated from the practice adopted in the previous year by requiring the petitioner to make a deposit of the said sum of Rs.56 crores in addition to the adjustment of Rs.166 crores. Thus direct that no further recoveries be made against the petitioner till the disposal of the appeal by the Tribunal. - W.P.(C) 552/2013 - - - Dated:- 31-1-2013 - MR BADAR DURREZ AHMED AND MR R.V.EASWAR, JJ. For the Petitioner : Mr S Ganesh, Sr. Adv. with Mr S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t then the remaining amount would be only Rs.56 crores (approximately) (Rs.222.76 crores Rs.166.75 crores). 3. In the light of the above facts Mr Ganesh submitted that the Tribunal has virtually rejected the stay application of the petitioner in as much as it has directed that the assessee ought to pay a sum of Rs.56 crores by 31.01.2013 and thereafter the assessee shall pay Rs.10 crores per month by the last date of the month till the demand of Rs.222.76 crores was completely paid out by way of adjustment or the instalment made by the assessee. 4. Mr Ganesh submitted that the Tribunal did not examine whether the petitioner had a prima facie case or not and by giving the directions mentioned above it has virtually rejected the stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsequently, Mr Ganesh submitted that the Tribunal has virtually not granted any stay to the petitioner whereas in the previous year it had done so. He also raised the issue that the advertisement; marketing and publicity expenses (AMP) which were to be considered by the Transfer Pricing Officer was an issue in the previous year as also in the current year and he also referred to a decision of the Special Bench of the Tribunal where certain guidelines have been laid down and the matter has been remanded to the TPO to follow those guidelines. According to Mr Ganesh a similar route would probably have to be adopted in the present case also and if that were to be so the current demand would be reduced by a sum of about Rs.100 crores and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
