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2015 (4) TMI 631 - PUNJAB & HARYANA HIGH COURT

2015 (4) TMI 631 - PUNJAB & HARYANA HIGH COURT - TMI - Stay of demand - by-products also have some value and therefore, TDS ought to have been deducted in respect thereof as per AO - Held that:- As mentioned earlier, the petitioner is operating in the whole of the State of Punjab engaged essentially in public utility services of a very important nature, namely, the procurement and distribution of foodgrains throughout the State of Punjab. They are funded by the Reserve Bank of India/Union of Ind .....

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pugned order merely stated that the factors mentioned in the circular of the CBDT dated 02.12.1993 are absent. The CBDT circular only contains illustrative situations, as noted in the impugned order dated 09.07.2014 itself. It is certainly not exhaustive of the grounds on which a stay can be granted and the grounds which ought to be taken into consideration in an application for grant of stay. The impugned order dated 25.09.2014 merely records that the petitioner has not given a schedule of paym .....

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led to a stay of the demand, pending the hearing and of the final disposal of the appeal. - Decided in favour of assessee. - CWP No.6226/2015, CWP No.6218/2015, CWP No.6219/2015, CWP No.6220/2015, CWP No.6222/2015, CWP No.6229/2015 - Dated:- 9-4-2015 - S. J. Vazifdar, ACJ And G. S. Sandhawalia,JJ. For the Petitioner : Mr Pankaj Jain, Sr Adv. with Mr Divya Suri, Mr Sachin Bhardwaj, Mr Gaurav Mittal, Mr R M Garg, & Mr Deepanshu Jain, Advs. For the Respondent : Mr Yogesh Putney, Adv. ORDER S. J .....

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storage movement including inter-state movement, distribution and sale of foodgrains and other food stuffs. The petitioner also engages itself in various other public utility services. For the purpose of this petition, it is necessary to note that the primary objects are for governing, procurement and supply of foodgrains within the State of Punjab on the behest of the State Government and in the interest of the farmers scattered over the different Districts within the State of Punjab and balan .....

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After milling, the millers send the rice directly to the FCI, which in turn, distributes the same in accordance with its policy. There remains with the millers residual products such as husk, rice-bran. These are merely by-products. The petitioner's case is that it is not concerned with the same and that it does not charge for the same separately. The Assessing Officer, however, came to the conclusion that the by-products also have some value and therefore, TDS ought to have been deducted i .....

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le to hear the appeal so far. The question is whether the petitioner ought to have been granted a stay or not. 5. The impugned orders do not address the relevant questions while considering the application for stay. For instance, the question as to whether the petitioner has a prima facie case or not, has not been adverted to. We are unable to say that the petitioner has no case whatsoever, at this stage. Prima facie at least, the judgment of the Division Bench of the Andhra Pradesh High Court i .....

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convenience. As mentioned earlier, the petitioner is operating in the whole of the State of Punjab. They are engaged essentially in public utility services of a very important nature, namely, the procurement and distribution of foodgrains throughout the State of Punjab. They are funded by the Reserve Bank of India/Union of India. Although the turnover is around ₹ 12,000 crores, their profits is only about ₹ 1 crore. If the amounts lying in their bank accounts are frozen, at this sta .....

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