2022 (9) TMI 1660 - AT - Income Tax

Stay on recovery of outstanding demand - HELD THAT - Merits of the additions giving rise to the present demand can be considered only at the time of hearing of the appeals and not at this stage. However after considering the facts and material placed before us prima facie we are of the view that some of the additions made are repetitive in nature and have been decided by the Tribunal in favour of the assessee in earlier assessment years. Thus in our view assessee has made out a prima facie case for grant of conditional stay. According to facts and figures placed before us by the learned counsel for the assessee in assessment year 2017-18 the demand that will remain on uncovered issues will work out to Rs. 46, 40, 31, 341. Whereas in assessment year 2018-19 assessee would be entitled for refund of Rs. 5, 63, 88, 931 if rectification application is allowed. We direct the assessee to pay a sum of Rs. 10, 00, 00, 000 against the aggregate outstanding demand as a condition of stay. We further direct out of the amount of Rs. 10, 00, 00, 000 as directed upfront the assessee shall pay an amount of Rs. 4, 36, 11, 069 within four weeks from the date of this order. The balance amount of Rs. 5, 63, 88, 931 shall be paid by assessee after disposal of its rectification application stated to be pending before the Assessing Officer/TPO either by way of adjustment of refund in case it arises or assessee shall pay it within two weeks from the date of disposal of rectification application. Subject to the above recovery of the balance outstanding demand shall remain stayed for a period of 180 days or till disposal of the corresponding appeal of the assessee whichever is earlier. Accepting submission of assessee to fix an early date of hearing we direct the Registry to fix the corresponding appeals for hearing on 13.12.2022 on an out of turn basis.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

• Whether the assessee is entitled to a stay on the recovery of outstanding tax demands for the assessment years 2017-18 and 2018-19.
• The extent to which previous Tribunal decisions in favor of the assessee on similar issues affect the current outstanding demands.
• Whether the assessee's pending rectification application impacts the demand for the assessment year 2018-19.
• The appropriate conditions for granting a stay on the recovery of the outstanding tax demands.

ISSUE-WISE DETAILED ANALYSIS

Relevant legal framework and precedents:

The Tribunal considered the precedents where similar issues were previously decided in favor of the assessee. The legal framework involves the Income Tax Act provisions regarding assessment and the powers of the Tribunal to grant a stay on the recovery of tax demands.

Court's interpretation and reasoning:

The Tribunal noted that some additions made by the Assessing Officer were repetitive and had been previously decided in favor of the assessee. This formed the basis for a prima facie case for granting a conditional stay.

Key evidence and findings:

The Tribunal considered the submissions by both parties, including the assessee's argument that certain additions were either remanded or decided in their favor in previous years, and the pending rectification application that could potentially reduce the demand for 2018-19.

Application of law to facts:

Based on the facts and figures presented, the Tribunal determined that the demand for assessment year 2017-18 could be reduced to Rs. 46,40,31,341 after accounting for covered issues. For 2018-19, the Tribunal acknowledged the potential for a refund if the rectification application was allowed.

Treatment of competing arguments:

The Tribunal balanced the assessee's request for a stay against the Department's position that 20% of the entire demand should be paid. The Tribunal concluded that a conditional stay was appropriate, requiring the assessee to pay a portion of the demand upfront and the remainder contingent on the outcome of the rectification application.

Conclusions:

The Tribunal concluded that a conditional stay was warranted given the precedents and the pending rectification application. The stay was granted with specific payment conditions to ensure compliance and protect revenue interests.

SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning:

The Tribunal stated, "After considering the facts and material placed before us, prima facie, we are of the view that some of the additions made are repetitive in nature and have been decided by the Tribunal in favor of the assessee in earlier assessment years."

Core principles established:

The Tribunal reinforced the principle that repetitive issues previously decided in favor of the assessee could form the basis for a conditional stay on tax demands. It also highlighted the importance of pending rectification applications in determining the demand.

Final determinations on each issue:

The Tribunal directed the assessee to pay Rs. 10,00,00,000 against the aggregate outstanding demand, with specific instructions on how this payment should be made. The recovery of the balance outstanding demand was stayed for 180 days or until the disposal of the corresponding appeal, whichever is earlier. The Tribunal also directed an early hearing of the appeals to expedite resolution.