TMI Blog2015 (5) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... x demand as per the notices of demand for all the three Assessment Years, in the facts and circumstances of the case, we direct that during pendency and final disposal of the respective appeals before the learned CIT(A) against the assessment orders for the Assessment Years 2008-09, 2009-10 and 2012-13, the petitioner may not be treated as assessee in default. The learned CIT(A) to decide and dispose of the respective appeals in accordance with law and on its own merits without, in any way, being influenced by the present order expeditiously. - Decided in favour of assessee. - SPECIAL CIVIL APPLICATION NO. 5003 of 2015, 5004 of 2015, 5008 of 2015 - - - Dated:- 28-4-2015 - MR. M.R. SHAH AND MR. S.H.VORA, JJ FOR THE PETITIONER : MR SN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed under Section 143(3) r.w.s. 254 143(3) r.w.s.147 143(3) Additions 1. National interest income on farmers loan 4,24,99,693 7,51,87,000 2. Waiver of interest and principal on farmers loan / bad debts 20,55,16,233 3. Gratuity Premium 1,26,00,819 Total Additions 4,24,99,693 21,81,17,052 7,51,87,000 Demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns under Article 226 of the Constitution of India. [4.0] Shri Soparkar, learned Counsel appearing on behalf of the petitioner-assessee has vehemently submitted that the issues / additions made by the Assessing Officer are squarely covered in favour of the assessee in view of the decision of the Hon ble Supreme Court as well as this Court and the said issue has been concluded in favour of the assessee. It is submitted that therefore the additions made by the Assessing Officer are not sustainable at law at all. It is further submitted that the petitioner-assessee made a proposal before the Assessing Officer and proposed to deposit 25% of the consolidated amount with respect to the aforesaid three Assessment Years within a period of 15 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that on payment of 50% of the amount, which the petitioner has already deposited during pendency and final disposal of the appeals before the learned CIT(A), the petitioner may not be treated as assessee in default, he does not have any objection. However, has requested to make suitable observation that the learned CIT(A) to decide and dispose of the appeals on merits in accordance with law and without, in any way, being influenced by the present order. [6.0] In view of the aforesaid facts and circumstances of the case and without expressing anything on merits, more particularly, the submissions of Shri Soparkar, learned Counsel appearing on behalf of the petitioner-assessee that the issues are already concluded in favour of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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