TaxTMI 
TaxTMI 
2026 (9) TMI 1888
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.... Notes No. 901000296-901000308, 901000309-901000315, 901000322901000323 and 901000335 and 901000336 dated 26.12.2022 and 27.12.2022 generated by Respondents 3 and 4 to a tune of Rs. 22,83,91,423/- (Rupees Twenty Two Crores Eighty Three Lakhs Ninety One Thousand Four Hundred and Twenty Three only) pertaining to the Income Tax paid under the Vivad Se Vishwas Scheme by them and letter dated 09.01.2023 issued to Petitioner No.3 directing Petitioners 1 to 3 Companies to pay the amount of Income Tax paid and consequential communication dated 20.04.2023 issued by Respondent No.1 via PRAAPTI portal directing petitioners to pay Rs. 22,83,91,423/- (Rupees Twenty Two Crores Eighty Three Lakhs Ninety One Thousand Four Hundred and Twenty Three only) by ....
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....e getting an opportunity to defend their case before the CERC and thus the writ Court has rightly relegated the parties to approach the CERC". 17. Further it is stated that on account of raising of debit note/invoice to the tune of Rs. 184 Crores towards income tax, the Power Grid connectivity of TANGEDCO would not be disturbed and rather the generating company would approach the CERC for adjudication of issues in order to determine the liability. In view of the said submission, the apprehension of the appellant that there is a possibility of electricity crisis on account of disconnection throughout the State need not be considered. Since the income tax demand is relating to several assessment years, the issues are to be determined....
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....e the components of tariffs and thus the writ Court is right in relegating the parties to approach the CERC for effective adjudication and to resolve the issues in the manner known to law. In the event of filing any petition by the generating company, the CERC is requested to dispose of the same by affording opportunity to the parties, as expeditiously as possible, considering the fact that the income tax claim is relating to several assessment years and the claim is pending for long period". 4. Learned counsel appearing for Respondents 3 and 4, though filed a detailed counter and also filed Memo with compilation of case law on the aspects i.e.. Recovery of Income tax from beneficiaries will be adjudicated by CERC; income tax will be tre....