2013 (7) TMI 434

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....us application are taken up for disposal. 2. Learned Additional Commissioner appearing on behalf of the department would submit that unconditional stay was granted on merits as well as on limitation in the year 2006. It is his submission that subsequently, the matter was finally heard by the Bench and there was difference of opinion and this order was passed in 2009 and the matter was referred to third Member for deciding the difference of opinion. It is his submission that till today many adjournments were sought by the assessee's counsel for some reason or the other. It is his submission that there is change in the circumstances inasmuch as the said difference of opinion would indicate that the department had got 50% chance of winning ....

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....nsion of stay was filed and the stay was extended by this Bench and at that time also Revenue did not have any argument against the extension of the stay. Hence, there is no change in the situation as per the judgment of the Larger Bench in the case of IPCL. As regards the miscellaneous application filed by the Revenue, it is his submission that this application is seeking vacation of stay. It is his submission that when the matter is heard for final disposal by the Bench, by differing, there is always a chance for the assessee of winning the matter before the third Member. As regards the judgment of the Hon'ble High Court in the case of Madhusudan Industries Limited, it is his submission that the factual position in that case was that the ....

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....  10 Whether provision of arrears shown in balance sheet 3 years balance sheet may be obtained   11 PAN No. of the assessee   12 IEC no. of the assessee   13 Bank details of the assessee : (Please give details of all Banks in which assessee have account     Account No. Name of the Bank with full address   ACC/I       ACC/II       ACC/III       14 List of all movable assets of the assessee like four wheeler, two wheeler, gold etc.   15 List of immovable assets of the assessee like office, Residence, Permanent native residence, factory land & Bldg. etc. &nbsp....