2016 (2) TMI 990

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....sp; Respondents Through: Mr. D. R. Jain, Senior Standing counsel. O R D E R W.P.(C) 1568/2015 & CM No. 2798/2015 (for stay) 1. On 27th November 2014, this Court passed the following order: "In this writ petition, the grievance which has been raised with regard to the order dated 29.11.2012 passed by the Joint Director of Income Tax (Recovery) is that the relief relating to capital g....

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....d if there is any difference between the projections and the actuals to the detriment of the proposer, the same would have been absorbed by the latter. The learned counsel for the respondents shall produce some materials/documents to substantiate this plea of his. Renotify on 15.02.2016." 2. Learned counsel for the Respondents has not been able to substantiate the plea that if there is any diff....

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....mitted at the time of submission of the scheme before the BIFR. In any event, it does not support the plea of the Revenue that the difference between the actuals and the projected figures should be absorbed by the Petitioner. 3. Consequently, while setting aside the order dated 29th November 2012 passed by the Directorate of Income Tax ('DIT') Recovery, the Court requires the DIT (Recovery) to ....