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Case Law Details

Case Name : Expeditors International of Washingtion Vs ACIT (Delhi High Court)
Appeal Number : W.P.(C) 11032/2022
Date of Judgement/Order : 29/07/2022
Related Assessment Year :
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Expeditors International of Washingtion Vs ACIT (Delhi High Court)

Petitioner has been directed to pay an amount of Rs.5 crores against the outstanding demand for the Assessment Year 2018-19 which petitioner challenged.

Petitioner states that the challenge is primarily on the ground that said order has been passed arbitrarily as the payment has been directed against additions which stand covered in favour of the Petitioner by a series of decisions rendered by the Tribunal in the Petitioner’s own case in previous seven assessment years.

Further the impugned Order is in the teeth of the decisions of this Court which have categorically held that recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.

Consequently, keeping in view the Guidelines/Instruction issued by the CBDT subsequent to the judgment of the Supreme Court in Dunlop India Ltd.(supra), the condition of deposit of Rs.5 crore imposed by the Tribunal vide impugned order dated 14th July, 2022 is set aside and the matter is directed to be heard by the Tribunal as expeditiously as possible.

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