Income Tax Appellate Tribunal - Mumbai
Procter & Gamble Hygiene And Health Care ... vs Dcit 10(3)(2), on 30 March, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI
BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND
SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER
S.A. No. 173/M/2017
(Arising out of ITA No 1366/Mum/17
Assessment Years: 2012-13
Procter & Gamble Hygeiene and DCIT RG 10(3)(2)
Health Care Ltd. Mumbai, Pin
Aayakar Bhavan,
400099 Vs.
Churchgate,Mumbai
PANNo-AAACP6332M
(Applicant) (Respondent)
Appellant by : Shri. Haresh Buch
Ms. Moksha Mehta
Respondentby : Shri A.K. Nayak (DR)
Date of Hearing : 24/03/2017
Date of Order : 30/03/2017
ORDER
PER ASHWANI TANEJA:
By way of the present stay petition the assessee is seeking stay on the outstanding demand of Rs.28,60,73,930/-. During the course of hearing, our attention was drawn on the letter dated 6.3.2017 issued by the AO rejecting in toto the request of the assessee for stay of demand. The Ld. Counsel of the assessee placed before us copy of chart showing that most of the issues are covered in his favour. The issues which are not covered would give rise to 2 demand of Rs.10 crores approximately.Under these circumstances,he fairly proposed to pay the entire uncovered demand of Rs. 10 crores in casestay is granted on the balance demand and early hearing of main appeal is also granted.
2. Per contra, Ld. DR was fair enough for not raising any objection for such a fair proposal of Ld. Counsel.
3. We have gone through the totality facts and circumstances of the case and find that various issues are claimed to be covered in favour of the assessee with the decision of the Tribunal passed in group company of the assessee namely Gillette India Limited Vs. ACIT175TTJ35(Jaipur).For remaining issues the assessee has fairly proposed to deposit lump-sum amount of Rs.10 crores. We have gone through the totality facts and circumstances of the case and find that proposal made by the Ld. Counsel is quite fair. Therefore, we accept the proposal and direct the assessee to pay a sum of Rs.5 crores by31st March 2017 and balance amount of Rs. 5 crores by 30 April, 2017. The balance amount of demand is hereby stayed for the period of 180 days from the date of this order or disposal of main appeal, whichever is earlier.The AO shall not take any coercive measures during operationof our stay order. In case assessee seeks adjournments without any cogent reason, our stay order shall stand vacated. The assessee is also directed to submit the evidence of payment of aforesaid amounts to the AO, as and when paid.The stay petition is allowed subject to our directions as above. It is clarified that our stay order shall not have any bearing on merits of the case.
Order pronounced in the open court at the conclusion of hearing.
Sd/- Sd/-
(C.N. Prasad) (Ashwani Taneja)
Judicial Member Accountant Member
मुंबई Mumbai; िदनां कDated : 30.03.2017
V. Pal Singh
3
आदे शकी ितिलिपअ े िषत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. थ / The Respondent
3. आयकरआयु (अपील) / The CIT(A)
4. आयकरआयु / CIT- concerned
5. िवभागीय ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai
6. गाड फाईल / Guard File आदे शानुसार/ BY ORDER, उप/सहायकपं जीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai