- (1.) Although initially it seemed that the writ application was completely meritless, it now appears that Ms. Sweta Ghatak, learned advocate for the petitioners, has been able to make out some substantial case in favour of the writ petitioners. For the assessment year 2010-11, the Income-tax Department claimed a sum of Rs. 50,42,410 as its dues from the writ petitioner. The assessment order was made on March 21, 2013. On April 22, 2013, this assessment order was challenged by the assessee-writ petitioner before the Commissioner of Income-tax (Appeals). However, the stay application was filed before the said authority on March 26, 2014.
(2.) The total demand was over Rs. 93 lakhs.
(3.) According to Ms. Ghatak, a sum of Rs. 42,96,760 was due to her client from the income-tax authorities as refund. According to Ms. Ghatak this sum of Rs. 42,96,720 was adjusted or set off by the income-tax authorities against the total demand from the refund amount.;