2018 (3) TMI 729 - AT - Income Tax

Stay of demand - Held that - It is not in dispute that in A.Y. 2007-2008, the matter in issue have been considered by the Tribunal in proceedings under section 263 of the I.T. Act and in subsequent year also the same issues have been considered and decided. The Department filed appeals before Hon ble Delhi High Court on which one of the issue have been admitted by the Hon ble Delhi High Court in the Departmental Appeals. The appeal of assessee for A.Y. 2012- 2013 is pending consideration before the ITAT, Delhi Bench, in which interim stay have been granted in favour of the assessee without any condition. The assessee also filed writ petitions for both the assessment years under reference before the Hon ble Delhi High Court for grant of interim relief during the Court holiday in which also the Hon ble Delhi High Court has granted interim relief in favour of the assessee Considering all we direct that outstanding demand for both the years under reference shall remain stayed for a period of six months or disposal of the appeals whichever expire earlier, subject to assessee paying ₹ 10 crores to the Revenue Department, latest by 25th March, 2018 for A.Y. 2013-2014. The appeals be fixed for hearing on out of turn basis on 23rd April, 2018. Paper books, if any, be filed as per Rules Advance paper book be supplied to the Revenue Department.

Summary

Issues:
Outstanding demand for assessment years 2013-2014 and 2014-2015, disallowance of lease rentals, disallowance of supplementary lease rentals, disallowance of set-off of business loss and unabsorbed depreciation, freezing of bank accounts by Revenue Department, grant of stay applications, deposit to Revenue Department.

Analysis:
1. Outstanding Demand: The outstanding demand for the assessment years 2013-2014 and 2014-2015 was a significant issue before the tribunal. The total outstanding demand for 2013-2014 was &8377; 338,13,94,948, and for 2014-2015, it was &8377; 128,64,05,696. The counsel for the assessee argued that certain issues were covered in favor of the assessee based on previous decisions by the ITAT and the High Court.

2. Disallowance of Lease Rentals: The disallowance of lease rentals was a key issue raised by the assessee. The disallowances were made on various grounds such as credits amortized, supplementary lease rentals for agreements executed before and after April 1, 2007. The counsel for the assessee contended that similar issues in earlier assessment years were decided in favor of the assessee by the ITAT and the High Court.

3. Disallowance of Set-off: Another issue highlighted was the disallowance of the claim for the set-off of brought forward business loss and unabsorbed depreciation of the assessment year 2012-13. The counsel argued that the appeal for 2012-13 was pending before the Tribunal with an interim stay granted in favor of the assessee.

4. Freezing of Bank Accounts: The Revenue Department's action of freezing the assessee's bank accounts with ICICI Bank and HDFC Bank was challenged through writ petitions before the Delhi High Court. The High Court, considering the pending appeal before the ITAT, lifted the attachment/freeze of bank accounts and restrained the Revenue from further coercive action until the ITAT decided on the stay applications.

5. Grant of Stay Applications: The counsel for the assessee sought absolute stay for both assessment years, emphasizing a prima facie case in favor of the assessee and willingness to deposit &8377; 10 crores for 2013-2014. The tribunal considered the background of litigation, interim reliefs granted by the High Court, and directed a stay of the outstanding demand for six months or until disposal of appeals, subject to the payment of &8377; 10 crores by a specified date.

6. Decision: The tribunal allowed the stay applications of the assessee, directing the outstanding demand to remain stayed subject to the payment of &8377; 10 crores for 2013-2014. The appeals were scheduled for an 'out of turn basis' hearing, and the assessee was instructed not to seek adjournments to avoid automatic vacation of the stay order.

This detailed analysis covers the various issues raised in the judgment, including the legal arguments, previous decisions, interim reliefs, and the final decision of the tribunal regarding the outstanding demands and grant of stay applications.