TMI Blog2015 (2) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... inable grounds. So as to enable the petitioner to pursue such exercise, coercive proceedings against the petitioner shall be kept in abeyance for a period of "two weeks", on condition that the petitioner satisfies one-third of the balance liability to be cleared in both the cases, which shall be effected within "one week". - W.P.(C) Nos.28582 & 28583 of 2014 - - - Dated:- 5-11-2014 - MR. P.R.RAMACHANDRA MENON, JJ. FOR THE APPELLANT : SRI.T.M.SREEDHARAN (SENIOR ADVOCATE), ADVS. SRI.V.P.NARAYANAN, SMT.DIVYA RAVINDRAN FOR THE RESPONDENT : SRI.JOSE JOSEPH, SC JUDGEMENT P. R. Ramachandra Menon J.- The petitioners have approached this court seeking for a direction to be issued to the second respondent to consider and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own. It is stated that the assessment was finalised in the case of the petitioner, disallowing the claim for interest paid by the petitioner to the sister concern, in connection with the borrowal of money in the course of transactions. It is stated that, the sister concern of the petitioner has already satisfied the entire tax and in the said circumstances, proceedings have been finalised in respect of the sister concern, as borne by exhibits P5 to P7 orders passed by the Deputy Commissioner of Income-tax (TDS) for the concerned assessment years. This being the position, there is absolutely no rhyme or reason to have proceeded against the petitioner and, hence, this writ petition, to cause exhibit P3 to be considered and disposed of. The le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot come to the rescue of the assessee in respect of the assessment of the previous years. It is also pointed out that the said decision rendered by this court has been referred to by the second respondent-Tribunal in exhibit P2 order. The Tribunal being bound by the verdict passed by the jurisdictional High Court, there is no error apparent on the face of the record. It is also pointed out that, the petition preferred by way of exhibit P3, stating that there is an error apparent on the face of the record, it is not liable to be entertained, as there is no error apparent on the face of the record at all. It is also brought to the notice of this court that the petitioner is still having a remedy by way of appeal, as provided under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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