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2022 (11) TMI 1262

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....dent: Mr.A.P.Srinivas Senior Standing Counsel ORDER Mr.A.P.Srinivas, learned Senior Standing Counsel accepts notice for the respondent and is armed with instructions to enable final disposal of this matter. 2. The petitioner had approached this Court earlier in W.P.No.1858 of 2020 challenging an order of assessment dated 30.12.2019 in relation to assessment year 2017-18 that was passed un....

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....ce Memorandum (OM) referred to by the Assessing Authority in F.No.404/72/93-ITCC dated 31.07.2017 only increases the rate of disputed demand from 15% as set out under Instruction No.1914 dated 21.03.1996 to 20%. However, the actual tax to be demanded, ranging from 0% to 100%, would depend upon the existence of three factors, viz., (i) prima facie case, (ii) financial stringency and (iii) balance o....