Dhl Logistics P.Ltd, vs Assessee
- CitationITA NO.1030/Mum/2015)
Ratio decidendi
The rule this decision rests on
The Tribunal may grant a conditional stay of the outstanding tax demand, pending appeal, where the assessee has already paid or had adjusted a substantial majority of the total demand, and where the balance of convenience favours the assessee on that footing; the stay is then tied to a further deposit of a specified sum within a stipulated period, failing which the stay lapses automatically, with the stayed balance treated as stayed for six months or until disposal of the appeal, whichever is earlier. The hearing of the substantive appeal is made conditional upon the assessee depositing the specified further sum within the stipulated period, so that the appeal is heard only if that deposit is made.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
DHL Logistics Private Limited Dy. Commissioner of Income-
201A, Silver Utopia बनाम/ tax, Cardinal Gracias Rd. Vs. Circle-9(3)(1) Chakala, Andheri (E) Mumbai. Mumbai-400 059. ( नधा रती /Assessee) (राज व /Revenue) P.A. No.AAACM 6824 H
नधा रती क ओर से / Assessee by): Shri Madhur Agarwal राज व क ओर से / Revenue by Shri Neil Philip-DR
सन ु वाई क तार ख / 13/03/2015 Date of Hearing : आदे श क तार ख /Date of Order 13/03/2015 आदे श / O R D E R
PER JOGINDER SINGH (Judicial Member):
This stay application is filed by the assessee with request to stay the outstanding demand of Rs.87,30,03,530/- (now remained at Rs.9,72,14,587/-) which includes interest u/s.234B and 234C of the Income tax Act, 1961 (hereinafter the Act). During hearing of this
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application, Shri Madhur Agrawal ld. Counsel for the assessee contended that the amount of Rs.48,27,97,149/- was adjusted as refund for AY 2008-09 to 2012 to 2013 against the aforementioned total demand and Rs.22,29,91,796/- was adjusted as refund for AY 2013- 2014. Thus, only Rs.16,72,14,587/- remained out of which also the assessee deposited/paid Rs.4.00 crores on 27.2.2015 and another Rs.3.00 crores on 11.3.2015. Thus, the balance outstanding demand as on date remained to the tune of Rs.9,72,14,587/-. It was pleaded that remaining amount may be stayed till the disposal of the appeal or six months. The ld. DR Shri Neil Philip did not controvert the aforementioned assertions of the assessee. However he contended that interest of revenue may be further protected.
2. We have considered the rival submissions and perused the material available on record. Without going into much deliberation/merits of the appeal, we are of the view, that at least as on 11/3/2015 the assessee has already paid/adjusted about 89% of the total tax demand and even after the balance tax demand of Rs.16,72,14,587/- the assessee paid Rs.7.00 crores. Thereby the intention of the assessee is not to pay anything to the Department. Therefore, keeping in view the principle of natural justice and the material available on record alongwith the assertions made by the ld. Respective counsel, the balance of convenience is in favour of the assessee, therefore, without going into the merits of the appeal we are passing the following orders:
i. That the assessee shall further pay an amount of Rs.1,00,00,000/-
(One Crore) on or before 25/03/2015.
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ii. That the assessee shall not seek adjournment without any valid reason and shall cooperate in earlier disposal of the appeal, which is directed to be fixed on 15/06/2015. iii. That if the assessee deposits the aforementioned amount of Rupees One crore on or before 25/03/2015 only then the appeal of the assessee will be heard by the Bench. iv. That if the aforementioned amount is deposited by the assessee within the stipulated period then only the remaining outstanding demand of Rs.9,72,14,587/- will be treated as stayed for a period of six months or till the disposal of the appeal, whichever is earlier.
v. If the assessee fails to deposit the aforementioned amount, within the stipulated period, then this stay order will be automatically treated to be vacated.
vi. Since, the appeal of the assessee is already directed to be fixed for 15/06/2015, no separate notice of hearing shall be issued by the Registry of the Tribunal.
Finally, the stay application of the assessee is disposed of in terms indicated hereinabove.
This Order was pronounced in the open court in the presence of ld. representatives from both sides, at the conclusion of the hearing, on 13/3/2015.
Sd/- Sd/- (B.R. Baskaran) (Joginder Singh) लेखा सद य / ACCOUNTANT MEMBER या यक सद य / JUDICIAL MEMBER मंब
ु ई Mumbai; दनांक Dated :13/3/2015 JV, Sr. P.S./ व. न.स.
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आदे श क त ल प अ े षत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. यथ / The Respondent.
3. आयकर आयु त(अपील) / The CIT, Mumbai.
4. आयकर आयु त / CIT(A)- , Mumbai
5. वभागीय त न ध, आयकर अपील य अ धकरण, मंब ु ई / DR, ITAT, Mumbai
6. गाड फाईल / Guard file.
आदे शानस ु ार/ BY ORDER, स या पत त //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, मंब ु ई / ITAT, Mumbai
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