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2019 (5) TMI 680 - ITAT CHANDIGARHStay of demand - Assessee has readily agreed to pay the amounts to the tune of 25% of the tax demand for the A.Y. 2012-13. And also submitted that for the A.Y. 2013-14 the tax already paid would be more than 25% - TDS us 194H - discount extended to the prepaid distributors - demand under section 201(1) and 201(1A) - assessee has submitted that they have paid substantial amounts towards the tax comprehensively and argued that the Company should be treated as a single entity as far as the financials are concerned - HELD THAT:- As gone through and taken cue from the CBDT O.M. N0.404/72/93-ITCC dated 29.2.2016 wherein revised guidelines were issued in partial modification of instruction No 1914 regarding the stay of demand while the appeal is pending before the CIT(A). We have also gone through the nature of the additions and the amount of the taxes recovered by the Department and paid by the Assessee further assessment years before us. Accordingly where the Ld.AR has stated that in the eventuality of grant of stay and early hearing he is ready to argue the appeal on any date in the month of May itself. However it was his submission that there may be departmental appeal pending as the CIT(A) in these years as deleted the addition proposed by the A.O within the scope of Section 194J. Thus the factual position may be ascertained. Ld. CIT DR submitted that the A.O. has filed cross appeals today itself and it was for this specific reason that he was requesting that the appeal may be listed for hearing in July 2019 alongwith other appeals pending adjudication on a near similar issue right from 2005-06 A.Y. onwards Order: - The assessee shall pay an amount of ₹ 60,00,000/- within seven working days from the date of this order. Subject to the payment being made within the stipulated date Early hearing is granted and the appeals are directed to be listed for hearing on 18/07/2019. The parties are directed to ensure there availability if need be on the next date i.e; 19/07/2019.
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