Law:

Section:

JUDGMENT S.J. Vazifdar, J. - Respondent Nos.2 to 6 are the Chief Commissioner of Income Tax, the Commissioner of Income Tax, the Additional Commissioner of Income Tax, the Assistant Commissioner of Income Tax and the Commissioner of Income Tax (Appeals). 2. The petitioner has sought a writ of certiorari to quash and set aside an order dated 10.12.2013 passed by respondent No.6 - CIT (A), a writ of prohibition restraining the respondents from taking any coercive steps to recover the disputed tax and a writ of mandamus directing CIT (A) / respondent No.6 to expeditiously dispose of the appeal filed by the petitioner against the assessment order passed by respondent No.2. (A) The case in a nutshell is this. The petitioner is a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL). All the shares of DHPL are held by various members of the Shroff family and enterprises of the Shroff group (hereinafter collectively referred to as the "Shroff group"). The members of the Shroff group have a substantial shareholding in United Phosphorous Ltd. (UPL) and Uniforce Enterprises Ltd. (UEL) which are listed on the recognized stock exchanges. The Shroff group transferred all their shares in UPL and UEL to the petitioner by way of a gift. The respondents concede that no consideration was paid for the transfers but contend that the value of the shares - about Rs.1400.crores - is liable to be brought to tax under section 56(1) or in the alternative under section 28(iv) of the Income Tax Act, 1961. (B) We have granted the petitioner's application for a stay of recovery on certain conditions which protect the revenue in view of the exceptional facts of this case. The following factors, not by themselves, but taken together persuade us to grant the stay on certain conditions. Firstly, the petitioner has made out a strong prima-facie case on principle. Secondly, the petitioner's case is covered in its favour by an order of the Tribunal. Thirdly, and most important in the peculiar facts of this case, if the recovery is not stayed, the petitioner will suffer not merely grave, but irreparable harm and injury. As a result of the transfer, the petitioner's holding in UPL…

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