2019 (4) TMI 269 - AT - Income Tax

Stay petition - TDS u/s 194C - demand u/s 201(1A) - HELD THAT - The hearing in all related appeals involved in all stay applications have been completed today. Considering the facts that a bundle of issues on various facts are raised by assessee, therefore, keeping in view, the order of Hon ble jurisdictional High Court and co-ordinate benches of this tribunal on the issue raised in the present appeal, the revenue is restrained from taking any coercive action for three months or till the pronouncement of order in all appeals whichever is earlier. The order was pronounced in open court while concluding the hearing in all the appeals. All the stay applications filed by the assessee are disposed off accordingly.

Summary

Issues:
Stay applications for outstanding tax demand for Assessment Years 2013-14, 2014-15, 2015-16, and 2016-17.

Analysis:
The assessee filed four stay applications seeking relief from outstanding tax demands for different assessment years. The appellant's representative highlighted previous instances where stays were granted by the Tribunal and the High Court, emphasizing the need for similar relief in the current case. The Tribunal acknowledged the arguments presented by the appellant's representative regarding the stay orders in previous assessment years and the potential adverse impact on the assessee if coercive action is taken by the revenue department. The Tribunal noted that a bundle of issues had been raised by the assessee in the appeals, and considering the precedents set by the High Court and the Tribunal, it restrained the revenue department from taking any coercive action for three months or until the pronouncement of orders in all appeals, whichever is earlier.

The revenue department opposed the stay applications, citing the substantial tax demand due from the assessee and the non-payment of any amount towards the outstanding demand. It was pointed out that the assessee had defaulted in deducting TDS under section 194C of the Act. However, the Tribunal considered the arguments from both parties and made a decision based on the overall circumstances and legal precedents. The Tribunal concluded that due to the complexity of the issues raised by the assessee and in line with the orders of the High Court and previous Tribunal decisions, the revenue department was restrained from taking coercive action for a specified period.

In conclusion, the Tribunal disposed of all the stay applications filed by the assessee by pronouncing the order in open court on 19th March 2019. The decision was based on a thorough consideration of the arguments presented by both parties, the legal precedents, and the potential impact on the assessee if coercive action were to be taken by the revenue department. The Tribunal's ruling aimed to balance the interests of both parties while ensuring a fair and just resolution in light of the complex issues involved in the appeals.