2017 (3) TMI 735

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.... MR. NAJMI WAZIRI JJ. Petitioner Through: Mr. Balbir Singh, Senior Advocate with Mr. Prakash Kumar, Ms. Rubal Maini, Ms. Rashmi Singh and Mr.Mehvish Khan, Advocates.   Respondents Through: Mr. Ruchir Bhatia and Mr. Puneet Rai, Advocates with Mr.Mandeep Panwar, Assessing Officer, Income Tax in person. O R D E R  CM No.8335/2017 (for exemption) 1. Allowed, subject to all jus....

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....mbodied in its Office Memorandum (OM) dated 29.02.2016, petitioner is entitled to the facility of stay of demand in excess of 15% in the exceptions spelt out in para 4B(b), which reads as under:- "(b) the assessing officer is of the view that the nature of addition resulting in the disputed demand is such that payment of a lump sum amount lower than 15% is warranted (e.g. in a case when additio....

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....ed that this is a substantial amount to the tune of about Rs. 220 crores. It is also urged besides that the license fee adjustment on account of the telecom policy in the wake of the Supreme Court's judgment in 2G Spectrum's case, the amount set off i.e. Rs. 1600 crores out of the unutilised license fee for issuance of new Spectrum License in terms of the policy. The revenue's treatment of that am....

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....tioner also carved out an expenditure in regard to certain "covered matters" or in regard to other contentious issues, the condition of 15% pre-deposit can be relaxed. The petitioner contentions in this regard are three fold. The impugned order does not disclose whether the AO had an occasion to consider or examine these issues. In these circumstances, the Court is of the opinion that the AO shoul....