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2018 (8) TMI 722

2A) of the Income Tax Act, 1961, which provides that stay of demand stands vacated after expiry of a period of 365 days, even if delay in disposal of appeal is not attributable to the assessee? - Held that:- The matter is no longer res integra. While interpreting the provisions of Section 35C(2A) of the Central Excise Act, 1944 which is pari materia to section 254(2A) of the Act, this Court in .....

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e Tax Act, 1961 (in short the Act ) against the order dated 8.9.2017 (Annexure A-II) passed by the Income Tax Appellate Tribunal, Delhi Bench 1-2, New Delhi (hereinafter referred to as the Tribunal ) in Stay Application No. 490/DEL/2017 in ITA No.6704/ DEL/2015, claiming the following substantial questions of law:- 1. Whether the Hon'ble ITAT has acted in contravention of the Second Proviso of .....

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rm's Length Price who vide order dated 29.1.2015 passed under Section 92CA(3) of the Act assessed Transfer Pricing Adjustments of ₹ 14,98,66,534/-. The Assessing Officer vide draft order dated 16.2.2015 assessed the total income of the assessee at ₹ 32,58,83,820/- by making addition of ₹ 14,98,66,534/- on account of Transfer Pricing Adjustments. Against the said order, the as .....

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ectification application and reduced the demand from ₹ 7,43,96,230/- to ₹ 6.06 crores. Later on, a refund of ₹ 2 crores was adjusted and remaining balance demand of ₹ 4.06 crores was raised. Along with the appeal, the assessee also filed Stay Application No. 627/Del/2015. The stay was granted on 6.1.2016 till 9.2.2016 and further this stay was extended till 26.4.2016 or 180 .....

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decided on 20.1.2016 after considering the relevant case law on the point concluded that wherever the appeal could not be decided by the Tribunal due to pressure of pendency of cases and delay in the disposal of the appeal is not attributable to the assessee in any manner, the interim protection can continue beyond 365 days in deserving cases. Reference was made to the judgment of the Apex Court .....

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