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TMI Blog2020 (7) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... rection to the respondent No.1 to allow the amendment sought by the petitioner in its return of second quarter for the financial year 2015-16 vide application dated 16th June, 2019 and to quash the notice dated 24th June, 2020 issued by a private party-respondent No.2 in pursuance to another notice dated 16th June, 2020 issued to it by respondent No.3 for recovery of alleged tax of Rs. 29,79,163/-. 3. Mr. Puneet Bhatnagar, learned counsel for petitioner states that return of three unsold paintings by petitioner's Consignment Agent (respondent No.2) were inadvertently shown as Inter-State Purchase without Form in Form-16 in the second Quarter of financial year 2015-16 instead of being shown as Stock Transfer Inward against F-Form. He furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner submits that while respondent No.1 is neither allowing nor rejecting the petitioner's amendment application, respondent No.2 has raised demand for payment of tax along with interest and penalty vide its notice dated 24th June, 2020 on the basis of notice dated 16th June, 2020 issued to it by respondent No.3. He contends that if the petitioner's application dated 16th June, 2019 for amendment is allowed, the demands raised under notices dated 24th June, 2020 and 16th June, 2020 would become infructuous. 7. On the other hand, Mr. Satyakam, learned Additional Standing counsel for respondent No. 1 submits that the decision of this Court in M/s. Ingram Micro India Pvt. Ltd. v. Commissioner DT&T & Anr., W.P. (C) No. 8272/2015 is under cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Trade and Taxes & Ors., W.P. (C) No. 3024/2019 decided on 15th January, 2020. 10. Mr. Satyakam contends that this Court has recently in similar matters been either adjourning matters or is allowing the petition but suspending the relief till the civil appeals pending in the Supreme Court are decided. 11. This Court is of the view that no useful purpose would be served by keeping the petition pending. Consequently, it directs respondent no. 1 to allow the amendment sought by the petitioner in its return of 2nd Quarter for the Financial Year 2015-16 vide application dated 16th June, 2019. However, this direction shall remain suspended till the Civil Appeals pending before the Supreme Court, taken note of hereinabove, are decided and thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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