TMI Blog2018 (11) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ave noted that the hearing of these appeals was first fixed on 25.09.2018 and on this date, the hearing was adjourned to 15.10.2018. On 15.10.2018, the hearing was adjourned to 31.0.2018 and on 31.10.2018, since the bench did not function; the hearing was again adjourned to 07.02.2019. In view of granting of stay, we prepone the hearing to 03.12.2018 and the registry is directed to issue notices to both sides. We want to make it clear that the assessee should not seek any adjournment in course of hearing of these appeals without justifiable reasons and if the assessee does so, then the stay granted by this order shall stand vacated automatically. - S.P. Nos. 242 to 245/Bang/2018 And ITA Nos. 1861 to 1864/Bang/2018 - - - Dated:- 2-11-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n WA No. 200650/2018 which is pending before Hon ble High Court, Gulbarga Bench. He further submitted that in respect of this decision of single judge bench of Hon'ble Karnataka High Court, revenue has not yet refunded this amount of ₹ 15,82,41,007/- which was directed by Hon'ble Karnataka High Court to be refunded by the AO to the assessee. At this juncture, the bench observed that in that situation, the assessee should have filed contempt petition before Hon'ble Karnataka High Court. In reply, it was submitted by ld. AR of assessee that the division bench of Hon'ble Karnataka High Court has directed the assessee not to initiate contempt proceedings and it was stated by the division bench of Hon'ble Karnataka High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collected by the AO and the amount to be paid by the assessee as per the direction of the Tribunal in the present order. 4. We have considered the rival submissions. We have noted that out of disputed outstanding demand of ₹ 34,51,73,238/- for these four Assessment Years, the AO has already collected an amount of ₹ 22,72,75,655/- u/s. 266(3) and against this recovery by the AO, assessee filed writ petition before Hon'ble Karnataka High Court and a single judge bench of Hon'ble Karnataka High Court as per judgment dated 07.08.2018, has directed the AO to refund an amount of ₹ 15,82,41,007/- within one week from the date of receipt of the said judgment. It was also held in this judgment by Hon'ble Karnataka Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for stay of the gross demand of these four years amounting to ₹ 34,51,73,238/- before adjustment of the amount already collected by the AO u/s. 266(3) of ₹ 22,72,75,655/-. This collection by the AO is about 66% of gross disputed outstanding demand for these four years of ₹ 34,51,73,238/-. In view of these facts of the present case, we proceed on this basis that recovery is already made by the AO of ₹ 22,72,75,655/- which is about 66% of the gross disputed outstanding demand of ₹ 34,51,73,238/- and hence, we feel it proper to grant stay of the disputed outstanding demand for a period of six months from the date of this order or till the disposal of these appeals whichever is earlier. At the same time, we want to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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