Annexure XIV Continued… - Edelweiss

Civil
Writ Petition No. 4982 of 2010 before the Chhattisgarh High Court
A writ petition no. 4982 of 2010 under article 226/227 of the Constitution of India was filed against the order
dated July 28, 2010 passed by the Civil Judge Class-II Pali District Korba, Chhattisgarh in civil suit no 8A-
/2010 between SCPL and SECL rejecting the application of MCCPL filed under order 1 rule 10 read with
section 151 of the Code of Civil Procedure, 1908. The civil suit filed by SCPL against SECL to refrain them
from allotting land to MCCPL which was leased to SCPL by SECL has been withdrawn by SCPL. Since the
suit has been withdrawn, this writ petition has become infructous. The said writ petition is currently pending.
Tax
Income Tax
1. Notice received from Income Tax Department for the A.Y. 2004-05
SCPL has received a notice dated March 15, 2011 issued by the Deputy Commissioner of Income Tax, Circle
1(3), Mumbai initiating penalty proceeding under section 271(1) (c) of the I.T. Act. SCPL has filed a reply
dated March 23, 2011 requesting to keep the penalty proceeding in abeyance since SCPL is in appeal before
Income Tax Appellate Tribunal (“ITAT”) against the assessment order dated December 27, 2006.The matter
is currently pending.
2. Notice received from Income Tax Department for the A.Y. 2005-06
SCPL has received a notice dated March 15, 2011 issued by the Deputy Commissioner of Income Tax, Circle
1(3), Mumbai initiating penalty proceeding under section 271(1) (c) of the I.T. Act . SCPL has filed a reply
dated March 23, 2011 requesting to keep the penalty proceeding in abeyance since SCPL is in appeal before
ITAT against the assessment order dated December 28, 2007. The matter is currently pending
3. Notice received from Income Tax Department for the A.Y. 2006-07
SCPL has received a notice under section 148 of the I.T. Act dated March 14, 2011 issued by Deputy
Commissioner of Income Tax - Circle 1(3), Mumbai requiring a return to be prepared for the A.Y. 2006-07 as
the assessing officer has reasons to believe that income of the SCPL has escaped assessment. SCPL has replied
vide letter dated March 24, 2011 declaring its original return as the return pursuant to notice issued under
section 148 of the I.T. Act and has requested to communicate the reasons for issuance of notice. The income
tax department has proposed to lower the claim of additional depreciation by ` 14.22 million and levy a tax of
` 5.37 million. SCPL is in the process of filing a reply.
4. Notice received from Income Tax Department for the A.Y. 2009-10
SCPL has received a notice under section 143(2) of the I.T. Act dated August 18, 2010 from Deputy
Commissioner of Income Tax, Circle 1(3), Mumbai for scrutiny of assessment proceedings for return of
income filed for the A.Y. 2009-10 calling for certain information and record. SCPL has submitted the details
and information as sought by the department from time to time and the assessment proceedings are currently
pending.
5. SCPL v. Deputy Commissioner of Income Tax, Circle 1(3), Mumbai before the CIT (Appeals) for the A.Y.
2000-2001
SCPL has filed an appeal dated September 23, 2009 before the CIT Appeals – 2, Mumbai against the
assessment order dated August 25, 2009 passed by Deputy Commissioner of Income Tax – Circle 1(3),
Mumbai under Section 143(3) read with Section 254 of the I.T. Act wherein the assessing officer has reduced
the unabsorbed depreciation claim by ` 14.45 million. The matter is currently pending before CIT Appeals.
6. SCPL v. Deputy Commissioner of Income Tax, Circle 1(3), Mumbai before ITAT for Assessment Year
2000-2001
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