9911796707
TMI Blog2019 (5) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... herein 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 submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the scope of Section 194H of the Income Tax Act,1961 or not. The assessee has relied on the various judgments and argued that the balance of convenience is in their favour. The judgments quoted below are duly perused: 1. Bharti Airtel Ltd. Vs. DCIT [2015 372 ITR 33] Karnataka High Court 2. Tata Teleservices (Maharashtra) Limited Vs ACIT, TDS-3(1) (ITA Nos. 2043 to 2045/Mum/2014) (Mumbai Tribunal) (Relied on by CIT(A) 3. Tata Sky Ltd. Vs. ACIT, Mumbai [68 ITR (T) 162] 4. Vodafone Spacetel Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [2017 87 taxmann.com 295] Rajasthan High Court 14. Bharti Hexacom Ltd. Vs. ITO (TDS) II, Jaipur [42 ITR(T) 686] 4. The assessee has also 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. The details of tax payments are as under: FYs Demand under section 201(1) Demand under section 201(1A) Total Demand Tax Deposited 2005-2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,934 1,22,21,736 TOTAL 15,32,23,519 6,44,94,613 21,77,18,132 13,39,98,711 5. Regarding the financial position of the Company and the hardship faced by the Company pertaining to the payment of tax the Ld. AR at this juncture could not provide the cash flow statement indicating any financial hardship. 6. Against the above argument of the Ld. AR, the Ld. Departmental Representative has argued giving details of the sequence of events for each year and also the existence of prima facie case in favour of Revenue based ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equesting 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. 9. In terms of the above we direct that; a) The assessee shall pay an amount of ₹ 60,00,000/- within seven working days from the date of this order; b) 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. c) The Registry is directed to club the respective appeals of the assessee and the Revenue alongwith c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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