2023 (3) TMI 414

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.... Kiran Chaudhary, Adv. Respondent Through: Mr Sanjay Kumar, Sr. Standing Counsel with Ms Hemlata Rawat, Adv. RAJIV SHAKDHER, J.: (ORAL) 1. Issue notice. 1.1 Mr Sanjay Kumar accepts notice on behalf of the respondent/revenue. 2. In view of the directions that we propose to pass, Mr Kumar says that no counter-affidavit is required to be filed at this stage. 3. Accordingly, the writ....

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....d as on 31.03.2017. 7. What is not in dispute, is that as on 31.03.2016, the statutory liabilities of the petitioner were pegged at Rs. 8,51,65,846/- which stood enhanced to Rs. 11,64,73,919/- on 31.03.2017. Based on the difference between these two figures, which is Rs. 3,13,08,073/-, the respondent/revenue allege, that income to that extent has escaped assessment. 8. We have, on record, th....

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....der dated 30.07.2022, the defense taken by the petitioner that the statutory liability stood liquidated, as has been noticed. However, after having noticed the response of the petitioner, the Assessing Officer (AO) reached a conclusion, without dealing with the defense raised by the petitioner. 12. For the sake of convenience, paragraph 8 of the said order, and the conclusion reached by the AO ....

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....allowance can be made for the same. Further even the related expenses for which TDS has been deducted which was payable as on 31.03.17 as above, were not claimed an expenses in the P&L Account but were shown under the head "work in progress" which were subsequently capitalized. 9. It is observed that the assessee has not fully paid the statutory liabilities which are accumulating in the b....