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Vodafone South Ltd (Formerly Known As Vodafone South Essar Ltd) Versus The Deputy Commissioner of Income Tax, International Taxation And Others

2015 (5) TMI 933 - KARNATAKA HIGH COURT

Stay of demand - Non deduction of tds - treating assesse as assessee in default - stay of the tax and interest demanded rejected - Held that:- It would suffice and meet ends of justice if the petitioner is put on terms and directed to pursue its grievance before appellate authority namely, CIT (Appeals)-12 for stay for being adjudicated on merits along with the appeal itself expeditiously, at any rate within an outer limit of two months from the date of receipt of copy of this order and subject .....

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fficer on or before 30.04.2015 kept alive till disposal of the appeal by the CIT (Appeals)-12 - Writ Petition Nos. 12690/2015 & 12691/2015 (T-IT) - Dated:- 26-3-2015 - Aravind Kumar,J. For the Appellants : Sri Anuj Kumar Singh, Sr. Manager Dr Abhishek Manu Singhvi, Sr. Counsel, Sri Kavin Gulati, Sr. Counsel, Sri M V Seshachala, Sr. Counsel, Sri Rubi SIngh Ahuja, Adv. Sri Aravind Chavan & Sri Lzafeer Ahmad, Advs. For the Respondent : Sri K V Aravind, Adv. ORDER Heard Dr Abhishek Manu Sin .....

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014-15, an order came to be passed by first respondent on 18.02.2015 under Section 201(1) and interest came to be levied under Section 201(1A) of the Income Tax Act, 1961 ('Act' for short) by treating the petitioner as an 'assessee in default' and raising a demand thereunder. Being aggrieved by the said assessment orders, assessee has preferred appeals before CIT(Appeals) along with an application for stay of the tax and interest demanded. Simultaneously, petitioner also moved an .....

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rt refrains from expressing any opinion on the said issue for the simple reason that jurisdictional appellate authority is now seized of the matter or in other words appellate authority being the fact finding authority is examining the correctness or otherwise of the assessement order dated 18.02.2015-Annexure-A. Sri K.V.Aravind, learned panel counsel appearing for respondents has also made attempts to sustain the assessment orders passed by first respondent and the demands raised pursuant to sa .....

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herwise of the order passed by jurisdictional Tribunal had put the parties on terms and directed the parties to get their grievance redressed by the jurisdictional Tribunal. By keeping in mind the directions that came to be issued by Division Bench of this Court in W.A.No.904-908/2014 and connected matters disposed of on 10.04.2014 (Annexure-P) and also taking into consideration that CIT (Appeals) has by a cryptic order dated 23.03.2015-Annexure-S (in both petitions) refused to entertain the cla .....

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t does not expressly confer the CIT(Appeals) power to grant stay, it has been clearly held that inherent power to grant or not to grant stay is conferred on him under Section 246A of the Act. In that view of the matter, impugned order dated 23.3.2015 (Annexure S in both petitions) which has been passed by CIT (Appeals) cannot be sustained particularly when no reasons are assigned at all. Since, both appeal and application are being restored to CIT (Appeal) for being disposed of on merits within .....

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d to the file of CIT (Appeals)-12 (third respondent) for being adjudicated on merits along with the appeal itself expeditiously, at any rate within an outer limit of two months from the date of receipt of copy of this order and subject to following conditions: (a) Petitioner-assessee shall deposit further a sum of ₹ 20 Crores on or before 31.03.2015 before first respondent -Assessing Officer. (b) Petitioner- assessee shall deposit further sum of ₹ 40 Crores before first respondent- A .....

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