Uttarakhand High CourtState Bank Of India vs Commissioner Of Income Tax (Tds) & ... on 9 January, 2015Author:Alok SinghBench:Alok SinghWPMS No. 43 of 2015
Hon'ble Alok Singh, J.Mr. Bishwajit Bhattacharya, Senior
Advocate assisted by Mr. D.S. Patni and Mr.
D. Mukherjee, Advocates for the petitioner.Mr. H.M. Bhatia, Advocate for the
respondent Nos. 1 to 3.Learned Senior Counsel for the
petitioner has vehemently argued that Income
Tax Appellate Tribunal vide judgment dated
18.07.2014 was pleased to allow the appeals
of the assesses and was further pleased to
dismiss the appeals filed by the Revenue;
thereafter Revenue itself vide letter dated 1st
December, 2014 has admitted that
Rs.46,14,03,993/- were refundable to the
assessee by the Revenue; thereafter, Revenue
has shown adjustment of the same refundable
amount against the alleged demand of
Rs.97,85,38,937/-. According to the learned
Senior Counsel demand of Rs.97,85,38,937/-
for the assessment years 2014-15 is against
the verdict of the Income Tax Tribunal.Mr. H.M. Bhatia, learned counsel for
respondent Nos. 1, 2 and 3 submits that he
would like to seek instructions as to whether
judgment of the Income Tax Appellate
Tribunal was ever challenged and any stay
was granted against the order of the Income
Tax Tribunal.On his request, list on 22nd January,
2015 enabling him to file counter affidavit.Learned counsel for the petitioner
undertakes to serve respondent No.4 'dasti'
for 22nd January, 2015.(Alok Singh, J.)
Dated 09.01.2015
Shiv