TMI Blog2016 (4) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... ement made by Mr. Pardiwalla, learned senior counsel appearing for the petitioner, on instructions, that within two weeks from today the petitioner shall file a fresh application raising all necessary and relevant questions before the Authority for Advance Rulings (Income Tax), New Delhi.If such an application is filed, the said Authority shall decide it in accordance with law and as expeditiously as possible. - Writ Petition No. 656 of 2016 - - - Dated:- 12-4-2016 - S. C. Dharmadhikari And G. S. Kulkarni, JJ. For the Petitioner : Mr. Percy Pardiwalla, Senior Counsel with Mr. Rajesh Simhan, Mr. Ashish Sodhani and Mr. Meyyappan Neggappan i/by M/s. Nishith Desai For the Respondent : Mr. Charanjeet Chanderpal with Mr. Milind Bork ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he view that since extensive amendments are being sought and proposed, it would be desirable to file a revised or a fresh application. The petitioner, therefore, sought permission to withdraw that application with a view to file a revised one. The withdrawal request is contained in a letter dated 22-2-2016. In the interregnum period the petitioner also sought a stay on initiation of any fresh assessment proceedings by the Department. Though the application was allowed to be withdrawn by the AAR, what the petitioner was shocked and surprised to receive is a show cause notice and which is impugned in the present petition. 4. The argument is that there is a Circular of the Central Board of Direct Taxes, copy of which is annexed to the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue. Once the retrospective operation of the enactment permits the Revenue to take action, then the show cause notice is justified. As far as compliance with the Board's Circular is concerned, the Assessing Officer will take steps and he has requested for an ex post facto approval from the Board. All this would enable the authorities to proceed in accordance with law. Mr. Chanderpal, on instructions, states that while adjudicating the show cause notice, the Authority will give full opportunity to the petitioner and they can satisfy the officer concerned that there is no tax liability. All contentions, including on the point of maintainability of the show cause notice and merits are thus available. He would, therefore, submit th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner shall file a fresh application raising all necessary and relevant questions before the Authority for Advance Rulings (Income Tax), New Delhi. (iii) If such an application is filed, the said Authority shall decide it in accordance with law and as expeditiously as possible. (iv) If the application, as undertaken above, is filed within two weeks, then the respondents shall keep all proceedings pursuant to the show cause notice impugned in this petition in abeyance and shall not take up the same for adjudication until the Authority for Advance Rulings (Income Tax), New Delhi decides the petitioner's request in terms of the above, finally. (v) In the event the petitioner does not comply with the statement and underta ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
