Vedanta Ltd., (Successors Of The Madras Aluminium Co. Ltd v. Asstt. Commissioner Of Income Tax, Circel 1(1), Panaji And Anr

IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 118 OF 2017INWRIT PETITION NO. 116 OF 2017 VEDANTA LTD., (SUCCESSORS OF THE MADRAS ALUMINIUM CO. LTD.)., Versus ASSTT. COMMISSIONER OF INCOME TAX, CIRCEL 1(1), PANAJI AND ANR., ... Applicant ... Respondents Mr. Sachit Jolly, and Mr. P. Kakodkar, Advocates for theapplicant. Ms. Susan Linhares, Junior Standing Counsel for therespondents. -Coram:F. M. REIS &-Date:9th February, 2017 NUTAN D. SARDESSAI, JJ. P.C.: Heard Mr. S. Jolly, learned Counsel appearing for the applicant and Ms. Susan Linhares, learned Counsel appearing forthe respondents. 2. This is an application for modifying the order passed by this Court dated 25th January, 2017 disposing of the writpetition. Ms. Linhares, learned Counsel appearing for therespondents fairly accepts that the said order dated 25th January,2017 would also operate with regard to the appeals pendingbefore the learned CIT (Appeals) for the Assessment Years 2010-11, 2011-12 and 2012-13. The learned Counsel appearingfor the applicant makes a statement that 15% of the amounts indispute have already been paid to the Revenue. In suchcircumstances, the said order dated 25th January, 2017 shall alsobe in operation with regard to the subject accounts with theHDFC Bank, subject to the conditions laid down therein. 3. As far as other Assessment Years, namely A.Y.2007-08 and 2008-09 as referred to in the above application areconcerned, the question of granting any stay in the presentpetition would not arise at all, as such appeals are pendingbefore the CIT(Appeals) and the ITAT and any application forstay would have to be considered by CIT (Appeals) or by theITAT before whom it is pending, in accordance with law. 4. The application stands disposed of accordingly. NUTAN D. SARDESSAI, J. ssm. F. M. REIS, J.