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2018 (3) TMI 1815

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....; Appellant by: Shri Sunil M. Lala Respondent by: Shri V. Janardhana   ORDER Shamim Yahya, By way of this stay application, the assessee seeks the stay of outstanding demand of tax and interest for assessment years 2011-12, 2012-13 and 2013-14 respectively. The details of amount due and assessee's claim for refund due is as under: Particulars 2011-12 2012-13 2013-14 Total ....

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....urther submitted that the refund is due for assessment year 2015-16 and another refund due in case of an amalgamated company, the effective result of which is that a sum of Rs. 72,70,29,157/- will only remain outstanding. 3. With respect to prima facie case, as regards the assessment year 2011-12, the ld. Counsel of the assessee submitted that the primarily issue involved is grant of deduction u....

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....mparability is followed in these assessment years. He further submitted that very high turnover comparables have also been used by the Assessing Officer and he stated that the courts have held that huge turnover comparables cannot be considered comparable with small turnover company. In these circumstances, the ld. Counsel of the assessee submitted that since the assessee has already paid/sought a....

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....l Representative submitted that even if the assessee's submission regarding relief granted to the assessee for comparable selection by the Assessing Officer in assessment year 201415 is considered, there will still be substantial demand outstanding. He further submitted that the assessee itself has got a substantial turnover. Hence, he claimed that it cannot claim that higher turnover companies ca....