Tirupati Buildings & Offices (P) Ltd. v. CIT & Anr.

SUBSCRIBE FOR FULL CONTENT


The Tax Publishers2024 TaxPub(DT) 397 (Del-HC) IN THE DELHI HIGH COURT RAJIV SHAKDHER & GIRISH KATHPALIA, JJ. Tirupati Buildings & Offices Private Limited v. CIT W.P.(C) 8497/2019 24 November 2023 ORDER *Rajiv Shakdher, J.* On the previous date, i.e., 2-11-2023, after hearing counsel for the parties, we had broadly etched out the contours of the case. 1.1 For the sake of convenience, the relevant parts of the order dated 2-11-2023 are set forth hereafter: 1. The petitioner/assessee, in effect, seeks a direction for the release of refund, amounting to Rs. 87,89,440, for the assessment year (AY) 2018-19, which has been adjusted against outstanding demand for assessment year 2011-12. 2. The brief background in which the aforementioned grievance arises is articulated as follows: 2.1 Admittedly, the total demand raised against the petitioner, for assessment year 2008-09, 2009-10, and 2011-12, is Rs. 14.90 crores. As per the Office Memorandum (OM) dated 31-7-2017, issued by the CBDT, where the outstanding demand is disputed before the Commissioner of Income Tax (CIT(A)), the petitioner is entitled to seek a stay of the demand on payment of 20% of the disputed demand. In the petitioners/assessees case, 20% of the disputed demand (20% of Rs. 14.90 crores) would be Rs. 2.98 crores. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 397 (Del-HC)

IN THE DELHI HIGH COURT

RAJIV SHAKDHER & GIRISH KATHPALIA, JJ.

Tirupati Buildings & Offices Private Limited v. CIT

W.P.(C) 8497/2019

24 November 2023

ORDER

Rajiv Shakdher, J.

On the previous date, i.e., 2-11-2023, after hearing counsel for the parties, we had broadly etched out the contours of the case.

1.1 For the sake of convenience, the relevant parts of the order dated 2-11-2023 are set forth hereafter:

1. The petitioner/assessee, in effect, seeks a direction for the release of refund, amounting to Rs. 87,89,440, for the assessment year (AY) 2018-19, which has been adjusted against outstanding demand for assessment year 2011-12.

2. The brief background in which the aforementioned grievance arises is articulated as follows:

2.1 Admittedly, the total demand raised against the petitioner, for assessment year 2008-09, 2009-10, and 2011-12, is Rs. 14.90 crores. As per the Office Memorandum (OM) dated 31-7-2017, issued by the CBDT, where the outstanding demand is disputed before the Commissioner of Income Tax (CIT(A)), the petitioner is entitled to seek a stay of the demand on payment of 20% of the disputed demand. In the petitioners/assessees case, 20% of the disputed demand (20% of Rs. 14.90 crores) would be Rs. 2.98 crores.