Vedanta Ltd., (Successors Of The Madras Aluminium Co. Ltd.)., v. Asstt. Commissioner Of Income Tax, Circel 1(1), Panaji And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 118 OF 2017 IN WRIT PETITION NO. 116 OF 2017 VEDANTA LTD., (SUCCESSORS OF THE MADRAS ALUMINIUM CO. LTD.)., ... Applicant

Versus

ASSTT. COMMISSIONER OF INCOME TAX, CIRCEL 1(1), PANAJI AND ANR., ... Respondents Mr. Sachit Jolly, and Mr. P. Kakodkar, Advocates for the applicant.

Ms. Susan Linhares, Junior Standing Counsel for the respondents.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 9th February, 2017 P.C.:

Heard Mr. S. Jolly, learned Counsel appearing for the applicant and Ms. Susan Linhares, learned Counsel appearing for the respondents.

2. This is an application for modifying the order passed by this Court dated 25th January, 2017 disposing of the writ petition. Ms. Linhares, learned Counsel appearing for the respondents fairly accepts that the said order dated 25th January, 2017 would also operate with regard to the appeals pending before the learned CIT (Appeals) for the Assessment Years

MCA/118/2017 2010-11, 2011-12 and 2012-13. The learned Counsel appearing for the applicant makes a statement that 15% of the amounts in dispute have already been paid to the Revenue. In such circumstances, the said order dated 25th January, 2017 shall also be in operation with regard to the subject accounts with the HDFC Bank, subject to the conditions laid down therein.

3. As far as other Assessment Years, namely A.Y.2007-08 and 2008-09 as referred to in the above application are concerned, the question of granting any stay in the present petition would not arise at all, as such appeals are pending before the CIT(Appeals) and the ITAT and any application for stay would have to be considered by CIT (Appeals) or by the ITAT before whom it is pending, in accordance with law.

4. The application stands disposed of accordingly. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

ssm.