2018 (11) TMI 386

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., it was submitted by ld. AR of assessee that against these disputed demands of Rs. 34,51,73,238/-, the AO has already recovered u/s. 266(3) an amount of Rs. 22,72,75,655/- which is about 66% of this disputed outstanding demand of these four years. He further submitted that against such recovery by the AO, the assessee filed a writ petition nos. 201260/2018, 201288/2018 & 201300/2018 and as per the judgment dated 07.08.2018, a single judge bench of Hon'ble Karnataka High Court has directed the revenue to refund an amount of Rs. 15,82,41,007/- by holding that this much amount is recovered by the AO in excess of his right in the facts of the present case and in the light of various judgements noted by Hon'ble Karnataka High Court in this ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e exact request of the assessee in the present stay petitions. The bench wanted to know as to whether the assessee is seeking stay of only the balance disputed outstanding demand remaining after this recovery by the AO of Rs. 15,82,41,007/-. In reply it was submitted by ld. AR of assessee that the assessee is requesting for stay of the gross demand before recovery of this amount by the AO and the assessee is also requesting for directing the AO to refund this amount of Rs. 15,82,41,007/- to assessee at an early date. The ld. DR of revenue submitted that the issue regarding refund of the amount already collected by the AO is sub judice before Hon'ble Karnataka High Court and therefore, the Tribunal cannot interfere in this matter of refu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of single judge bench of Hon'ble Karnataka High Court. From these facts, we infer that although the division bench of Hon'ble Karnataka High Court has not granted stay on the operation of the judgment of single judge bench of Hon'ble Karnataka High Court but at the same time, the assessee has been asked not to initiate contempt proceedings for failure of the revenue to refund the amount as directed by this judgment of single judge bench of Hon'ble Karnataka High Court. Since the issue regarding refund of this amount is sub judice before Division Bench of Hon'ble Karnataka High Court, we cannot interfere in this issue of refund by the AO of this amount of Rs. 15,82,41,007/- as directed by single judge bench of Hon'ble....