TaxTMI 
TaxTMI 
2018 (4) TMI 805
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....ese writ petitions are directed against the common order passed by the Income Tax Appellate Tribunal rejecting the petitions filed by the petitioner requesting for stay of recovery of the outstanding demand for the assessment years 2011-12, 2012-13 and 2014-15. 3. The demands arose on account of denial of deduction claimed by the petitioner - assessee under Section 80IC of the Income Tax Act, 1961 (hereinafter called the Act for brevity). The starting point of the controversy was an Order-in-Original passed by the Assistant Commissioner of Central Excise dated 04.3.2015 with regard to the claim for exemption made by the petitioner in respect of their manufacturing unit at Rudrapur. The petitioner claimed exemption under Notification No.50/....
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....2015, confirmed the demand in the show cause notice and held the petitioner liable to payment of duty of Rs. 1,06,193/-, other cess charges and penalty. The petitioner appears to have not contested the said proceedings and cleared the duty in full. In respect of the subsequent periods, it appears that the Central Excise Department had issued similar demands, which have been paid by the petitioner without contest. The details in this regard have been stated in paragraph 10 of the affidavit in support of the writ petition. 7. Based on the information received from the Central Excise Department, the Assessing Officer, under the Income Tax Act, 1961, issued a show cause notice dated 24.3.2015 stating that the processes adopted by the petitione....
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....emand for all the three assessment years. The Tribunal, by the impugned orders, dismissed the stay petitions on the ground that the petitioner has not been able to show strong prima facie case. 10. After elaborately hearing the learned counsel for the parties and perusing the materials placed on record, we, prima facie, find that the Assessing Officer could not have gone beyond the observations rendered or findings recorded by the Central Excise Department, as, even in the show cause notice, there is a reference only to the findings recorded by the Central Excise Department. Therefore, we are of the prima facie view that the observations made by the Assessing Officer that 50% of the products sold at Rudrapur are not subjected to any manufa....
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....so, when the law laid down by the Bombay High Court in the case of CIT Vs. Mazagaon Dock Ltd. [reported in (1991) 191 ITR 460]. 13. Thus, considering the facts and circumstances as stated above, we are of the view that the petitioner has made out a prima facie case for grant of interim order during the pendency of the appeals before the Tribunal. 14. It is seen that the total demand as per the order under Section 143(3) of the Act is Rs. 29,93,49,175/-, out of which, an amount of Rs. 4,61,39,680/- has been adjusted as against the refund, which was sanctioned to the petitioner for the assessment year 2010-11, thus leaving the remaining demand of Rs.,25,32,09,495/-. After giving effect to the order passed by the Commissioner of Income Tax (....