2018 (3) TMI 1815

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.... AM And Shri Ravish Sood, JM  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....

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....p;       51% Percentage (on total)       34% 2. Thus the assessee has further 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 rega....

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....der in assessment year 2014-15 which will grant substantial deduction in the demand for the current year, if the same standard of comparability 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 t....

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....ssee should be called upon to make the said payment in the name of the assessee company accordingly. Furthermore, the ld. Departmental 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 submit....