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M/s Southern Agrifurnace Industries (P) Ltd. Versus The Deputy Commissioner of Income Tax, The Assistant Commissioner of Income Tax

2015 (11) TMI 928 - MADRAS HIGH COURT

Grant an order of stay refused - Held that:- This court directs that the stay petition pending before the Commissioner of Income Tax (Appeals), the 3rd respondent herein, be taken and disposed of on merits and in accordance with law within a period o .....

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he Respondent : Mr. T Pramodkumar Chopda, Senior Standing Counsel ORDER Challenging the order of the 1st respondent dated 14.09.2015 refusing to grant an order of stay, the petitioner is now before this court with this writ petition. 2. The case of t .....

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e regularly in accordance with the provisions of the Income Tax Act. 3. According to the petitioner company, as a part of its business transaction, it had entered an agreement with various entities for provision of infrastructure for manufacture of l .....

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sed various items of receipts and expenditure. The financials disclosed an amount of ₹ 9,33,63,000/- which related to the sale consideration of other brand liquor of the companies that had been paid over to the companies and this constituted ex .....

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ontracted rate towards its charges in connection with bottling. According to the petitioner, the assessing authority did not initially raise any query relating to labelling and provision of infrastructure. While so, to the shock of the petitioner, th .....

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d party brand of liquors, passed on by the petitioner to the respective companies. While so, an order of assessment came to be passed on 31.03.2015 making additions / disallowances of an addition of ₹ 9,33,63,000/-. According to the petitioner .....

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espondent while rejecting the petition for stay called upon the petitioner to pay 50% of the disputed demand on or before 21.09.2015. The said order is now under challenge in this writ petition. 4. Heard both sides and also perused the records carefu .....

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spondent concerned to dispose of the stay petition filed by the petitioner within a time frame and until then, the authority concerned may be directed not to take any coercive action for recovery of amount allegedly due to the department. 6. The lear .....

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