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ITAT issues guidelines for stay of demand.

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Assessment on other department's move

Started by ketanvyas1975, March 10, 2012, 12:40:56 PM

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In one of my client's case, there was a search by excise department and a show casue notice has been issued which is pending for adjudication. The adjudication is likely to take little long due to voluminous material and other evidences. on the basis of this show casue notice alone, the income tax department completed regular assessment and reassessments of my cleint for different years and raised demands and also started recovery. The appeals have been filed. My question is such an assessment based solely on other department's mere show casue notice is valid and permissible? is there any other effective way than appeal which is likely to take long time? The department will not grant full stay so is there any other way to keep the demand in abeyance? Kindly give your views with supporting case laws. Thank you in advance.