2014 (7) TMI 607

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....ddy For the Respondents : Sri J. V. Prasad ORDER (Per the Honble Sri Justice L. Narasimha Reddy)  The petitioner is a Limited Company and is assessed to income tax. In the assessment year 1997-98, the Assessing Authority passed an order, dated 18.03.1998, taking the view that the sum covered by prima facie adjustment of Rs. 79,86,590/-, under Section 143(1)(a) of the Income Tax Ac....

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....he petitioner submitted an application in the prescribed form on 16.12.1998. Incidentally, the 1st respondent is the designated authority to process the application and he is the one, before whom the revision filed by the petitioner was pending. The 1st respondent passed an order, dated 01.02.1999, in the revision, rejecting the claim of the petitioner. Few days thereafter, i.e. on 26.02.1999, he ....

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....d under the Act, or High Court or Supreme Court. That condition stood fulfilled, on account of the pendnecy of the revision before the 1st respondent. A perusal of the Scheme discloses that the extension of benefit thereunder is independent of merits, or otherwise of the claims in the appeals, revision or other proceedings. Further, once it emerges that an appeal, revision or other proceedings wer....