MOHAN BREWERIES AND DISTILLERIES LIMITED Vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL - 2 AND ORS.

JUDGEMENT

(1.) The petitioners have filed the above writ petitions to issue Writs of Certiorarified Mandamus to call for the records of the petitioners on the file of the 1st respondent and quash the impugned order in C. Nos. 2802/C -2/2015 -16/5 dated 05.02.2016 and consequently direct the 1st respondent to grant stay of collection of tax and interest for the assessment years 2007 -08, 2008 -09 and 2009 -10 till the disposal of the appeal by the 4th respondent.

(2.) According to the petitioner, the Assessment was completed under Sec. 143(1) of the Act for the Assessment Year 2007 -2008 on 16.02.2009 and the Scrutiny Assessment was completed under Sec. 143(3) of the Act for the Assessment Year 2008 -2009 on 31.12.2010. A search was conducted under Sec. 132 of the Act and a notice under Sec. 153 -A was issued and returns were filed. On 31.03.2015, Assessment was completed under Sec. 153A r/w. Sec. 143(3) for the Assessment Year 2007 -2008 by disallowing deduction under Sec. 80IA of the Act and disallowing the sales promotion expenditure.

(3.) In respect of Assessment Years 2008 -2009 and 2009 -2010, on the same day i.e., 31.03.2015, the assessment was completed under Sec. 153A r/w Sec. 143(3) by disallowing deduction under Sec. 80IA of the Act and disallowing the sales promotion expenditure.