Kumudam Publications Pvt. Ltd. … vs Central Board Of Direct Taxes And … on 30 March, 2017

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE NAJMI WAZIRI
MR. JUSTICE S. RAVINDRA BHAT
%
1. The petitioner impugns an order dated 16th September 2016 of the
third respondent which failed to give credit for advance tax deposited for
AY 2010-2011 and AY 2016-2017 and tax deducted at source (TDS) to a
total extent of ` 16.49 crores.

2. The petitioner-company incorporated under the Companies Act, has
its registered office at Chennai. It has been filing its Return of Income till
the financial year 2008-09, i.e. AY 2009-10. Serious disputes amongst its
directors, ex-directors and certain shareholders, which arose in financial
year 2008-2009, resulted in litigations against the company and its

W.P.(C) 11216/2016 Page 1 of 17
directors etc. from the financial year 2009-2010. As a consequence, the
petitioner could not appoint any statutory auditor. Accounts could not be
made ready for subsequent years in deference to the disputes and pending
litigation. The disputes related to the petitioner’s share capital.
Resultantly, in the absence of audited accounts, no return of income was
filed from financial year 2009-10, i.e. assessment year (AY) 2010-11 till
date. The petitioner avers that despite its inability to file income tax
returns, it paid advance tax through various amounts, on 23 occasions in
the past 5 years or so; details thereof are furnished in a tabular chart,
which reveals that a total sum of `14,98,30,000/- was paid through advance
tax. The petitioner says that in addition, a total sum of ` 1,50,93,433/- was paid
on its account, for the same period. Thus a total sum of ` 16,49,23,433/- has
been paid towards income tax liabilities by or on behalf of the petitioner.

Source: Indian Kanoon

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