2023 (8) TMI 596

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....he Petitioner Through: Mr Ajay Vohra, Sr Adv. with Mr Himanshu S. Sinha, Mr Parash Bishwal, Mr Bhuwan Dhoopar and Mr Jainender Singh Kataria, Advs. For the Respondents Through: Mr Gaurav Gupta Sr. Standing Counsel with Mr Shivendra Singh and Mr Puneett Singhal, Standing Counsels. RAJIV SHAKDHER, J. (ORAL): 1. With the consent of learned counsel for the parties, the above-captioned writ pe....

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.... of exemplary costs on Respondents for carrying out a blatantly illegal recovery of tax against the accepted principles of reasonableness, judicial discipline and law. d) For ad-interim reliefs as the Court may deem fit; and e) For the costs of this Petition." 3. The substantive prayers made in the application read as follows : "a) direct Respondent No. 1 to refund th....

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.... 1st appeal is pending before the CIT(A), stay of balance demand is recommended." 7. Decision : In this regard, after careful consideration of the facts and circumstances of the case and recognizing the fact that more than 20% of the outstanding demand has already been adjusted by the department, stay for the balance outstanding demand is hereby granted till disposal of the first appeal. ....

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....ndents/revenue, does not dispute the fact that the petitioner/assessee has preferred an appeal, which is pending adjudication with the CIT(A). 7. In these circumstances, the writ petition is disposed of, with the following directions: 7.1 The respondents/revenue will refund the amount which is in excess of 20% of the outstanding demand, i.e., Rs. 221,03,71,862/-, concerning AY 2017-18. 7.....