Income Tax Appellate Tribunal - Ahmedabad
Urmin Marketing Pvt. Ltd (Know As ... vs The Dcit, Circle-4(1)(1), Ahmedabad on 17 January, 2020
आयकर अपील य अ धकरण, अहमदाबाद यायपीठ, अहमदाबाद ।
IN THE INCOME TAX APPELLATE TRIBUNAL
"D" BENCH, AHMEDABAD
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND
SHRI WASEEM AHMED, ACCOUNTANT MEMBER
Stay Petition No.13/Ahd/2020
IN
ITA.No.1806/Ahd/2019
नधा रण वष /Asstt.Year : 2015-16
Urmin Marketing P.Ltd. DCIT,Cir.4(1)(4)
Now known as Unicon Packaging LLP Vs Ahmedabad.
"Urmin House" Ground Floor
Sindhu Bhaan Road
Off: S.G.Highway, Bodakdev
Ahmedabad.
अपीलाथ / (Appellant) यथ / (Respondent)
Assessee by : Shri Aseem Thakker
Revenue by : Shri L.P. Jain, Sr.DR
ु वाई क तार ख/ Date
सन of Hearing : 17/01/2020
घोषणा क तार ख / Date of Pronouncement: 17/01/2020
आदे श/O RDER
PER RAJPAL YADAV, JUDICIAL MEMBER
Present Stay Petition is directed at the instance of assessee for grant of stay of outstanding demand of Rs.37,70,21,679/- for the assessment year 2015-16.
2. While taking us through the record, the ld.counel for the assessee submitted that originally; including returned income of the assessee, demand of Rs.104,73,20,111/- was worked out. Out of that the assessee has paid Stay Petition Nos.13/Ahd/2020 2 Rs.51.35 crores. Thereafter a demand of Rs.53.37 crores was raised. The assessee has paid a sum of Rs.15.67 crores. He filed these details in tabular form on page no.3 of the stay petition. He further contended that the assessee has filed application for grant of stay before the ld.Commissioner (Admn.). He has not taken up that application for hearing. A sum of Rs.5 crores was recovered from the assessee on 10.1.2020. Thus, according to the assessee, it has already discharged substantial amount raised by the Revenue.
3. With regard to the issue involved in the appeal, he pointed out that the assessee has worked out value of goodwill and claimed depreciation on such value being intangible asset. According to the ld.counsel for the assessee, the issue on merit is otherwise covered by the decision of Hon'ble Gujarat High Court in the case of Pr.CIT Vs. Zydus Wellness Ltd., 87 taxmnan.com 82, but Revenue authorities have taken various peripheral reasoning for disputing valuation as well as transaction for denying the depreciation to the assessee. In this way, huge demand has been raised against the assessee. The ld.DR, on the other hand, contended that no doubt the assessee has paid roughly 20% of the demand raised by the AO, but after confirmation from the CIT(A), it is required to pay 100% of the tax liability. The assessee should be directed at least to pay 50% of the balance amount of Rs.53.37 crores. In other words, his emphasis is that the assessee has paid only Rs.15.67 crores out of Rs.53.37 crores. It should be more than Rs.27 crores.
4. On due consideration above facts and circumstances, we are of the view that the assessee has prima facie arguable case on merit. The assessee has already paid roughly Rs.16 crores after passing the assessment order; against demand of Rs.53.73 crores, which is more than 30% of the demand raised on the addition made in the assessment order. This total payment includes even interest components. Therefore, considering the above facts Stay Petition Nos.13/Ahd/2020 3 and circumstances, we deem it appropriate to stay the outstanding demand subject to the following conditions:
i) This stay order will operate for a period of 180 days or till the disposal of the appeal, whichever event occurs first.
ii) Assessee shall pay a sum of Rs.2.00 crores on or before 10th February, 2020.
iii) Assessee shall not seek unnecessary adjournments unless unavoidable circumstances warrant so.
5. Subject to the above, stay petition of the assessee is allowed. It has been brought to our notice that appeal is already on the board for hearing on 12th Feb. 2020. Therefore, there is no need to pre-pone the hearing.
6. In the result, stay petition is allowed in terms conditions indicated hereinabove.
Order pronounced in the Court on 17th January, 2020 at Ahmedabad.
Sd/- Sd/- (WASEEM AHMED) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 17/01/2020