M/S Krbl Limited v. Deputy Commissioner Of Income Tax

$~41 to 47 M/S KRBL LIMITED versus ..... Petitioner DEPUTY COMMISSIONER OF INCOME TAX ..... Respondent + W.P. (C) 969/2019 & CM APPL. 4347/2019 M/S KRBL LIMITED..... Petitioner versus DEPUTY COMMISSIONER OF INCOME TAX ..... Respondent Present:Mr.Sourav Kirpal, Ms.Shreya Jain and Mr.Gaurav Tanwar,Advocates for petitioner (M/S KRBL LIMITED) in ItemNos.41 to 47. Mr.Ashok K. Manchanda, Sr. Standing Counsel for IncomeTax Department in Item Nos.41 to 47. CORAM: HON'BLE MR. JUSTICE G.S.SISTANIHON'BLE MS. JUSTICE JYOTI SINGHO R D E R % 29.01.2019 CM APPL. 4288/2019(exemption)in W.P. (C) 957/2019CM APPL. 4290/2019(exemption)in W.P. (C) 958/2019CM APPL. 4292/2019(exemption)in W.P. (C) 959/2019CM APPL. 4294/2019(exemption)in W.P. (C) 960/2019CM APPL. 4296/2019(exemption)in W.P. (C) 961/2019CM APPL. 4346/2019(exemption)in W.P. (C) 968/2019CM APPL. 4348/2019(exemptionin W.P. (C) 969/2019 Exemptions allowed, subject to all just exceptions. The applications stand disposed of. W.P. (C) 957/2019 & CM APPL. 4287/2019W.P. (C) 958/2019 & CM APPL. 4289/2019W.P. (C) 959/2019 & CM APPL. 4291/2019W.P. (C) 960/2019 & CM APPL. 4293/2019 W.P. (C) 961/2019 & CM APPL. 4295/2019W.P. (C) 968/2019 & CM APPL. 4345/2019W.P. (C) 969/2019 & CM APPL. 4347/2019 The challenge in the writ petitions is to the Assessment proceedingsfor the Assessment Years (AY) 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17. The proceedings were completed on 31.12.2018resulting in assessment order being passed and Notices of demand beingissued for a collective demand of Rs.1269.19 crores. Against the aforesaidorder and Notices of demand dated 31.12.2018 as well as Notices initiatingthe penalty proceedings, the petitioners preferred appeals before the CIT(A).Along with the appeals, applications were filed seeking stay of thedemand. Grievances of the petitioners are that although notices have beenissued but no interim protection has been granted. Mr.Kirpal, learned counsel for the petitioners submits that uponcompletion of 30 days period, the petitioners would be saddled with bothinterest and penalty. Learned senior standing counsel for the respondent enters appearanceon behalf of the respondent and submits that the present writ petitions arepre-mature and Commissioner of Income Tax (CIT) (Appeal) is yet to hearthe applications. He further submits, on instructions, that the petitioners hadapproached the concerned Deputy Commissioner who is the AssessingOfficer and various proposals have been exchanged which are underconsideration. Learned counsel further submits that till the final decision istaken in the matter by the concerned Deputy Commissioner, no coercivesteps will be taken against the petitioners. He further submits that in case, the matter is not considered favourably, no coercive steps will be taken foranother one week to enable the petitioners to seek legal remedies inaccordance with law. Binding the respondent to the submissions made by the learned seniorstanding counsel in the court today, all writ petitions along with pendingapplications are disposed of. G.S.SISTANI, J JYOTI SINGH, J JANUARY 29, 2019ssc W.P. (C) 957/2019 & connected mattersPage 4 of 4