Supreme Court Of India
Sidhi Vinayak Metcom Ltd. vs. Union Of India
Section : 220
A.K. Sikri And Rohinton Fali Nariman, JJ.
PSLA (C) Nos. 27963 To 27966 Of 2015
October 5, 2015
ORDER
1. Application for exemption from filing official translation is allowed.
2. The assessment in respect of the assessment years 2010-11 and 2011-12 was reopened by the Income-tax Department by issuing notice under section 148 of the Income-tax Act, 1961. Assessments for these years were carried out afresh by the Assessing Officer imposing an additional tax demand of Rs. 64 lakhs. The petitioner has filed an appeal against the said order which is pending before the Commissioner of Income-tax (Appeals) (hereinafter referred to as “the CIT (Appeals)”). The petitioner also moved an application for stay of the demand. On this application, the Commissioner of Income-tax (Appeals) passed orders granting stay of interest and in respect of the tax amount, the petitioner was permitted to deposit the same in 16 installments. However, the petitioner committed default in making payment of the very first installment because of which the bank account of the petitioner was attached. The order was challenged by filing a writ petition in the High Court which has been dismissed by the impugned order.
It is stated at the Bar that up to now the petitioner has paid a sum of Rs. 27.7 lakhs in all.
3. It is also pointed out by the learned counsel for the petitioner that the main reason for reopening of the assessment for the aforesaid years by issuance of notice under section 148 of the Income-tax Act was certain proceedings under the Central Excise Act.
4. He has filed additional documents wherein a copy of the decision dated September 16, 2015, passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as “the CESTAT”) is annexed revealing that in appeal against the Order-in-Original of the Excise Department, the CESTAT has set aside the said order and remitted the case back to the adjudicating authority for fresh adjudication.
5. In view of the aforesaid subsequent event, it would be appropriate if the petitioner approaches the Commissioner of Income-tax (Appeals) once again with an application for stay bringing the aforesaid events to the notice of the Commissioner of Income-tax (Appeals). We are confident that the Commissioner of Income-tax (Appeals) shall consider the application on its own merits and pass orders thereon within a period of four weeks from the date of filing the application.
6. The special leave petitions are disposed of.
[Citation : 378 ITR 372]
