Income Tax Appellate Tribunal - Delhi
J.M. Voith Se & Co. Kg (Earlier Voith ... vs Dcit, Circle- 3(1)(1), International ... on 13 March, 2020
आयकर अपील य अ धकरण, द ल यायपीठ "श
ु वार", नई द ल म
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'FRIDAY', NEW DELHI
स
ु ी सष
ु मा चावला, उपा!य" एवं ी %शांत मह(ष), लेखा सद-य के सम"
BEFORE MS. SUSHMA CHOWLA, V.P & SHRI PRASHANT MAHARISHI, AM
थगन अपील सं./S.A. No.202/Del/2020
IN
आयकर अपील सं. / ITA No.4862/Del/2019
िनधा रण वष / Assessment Year: 2015-16
J.M.Voith SE & Co. KG
(Earlier Voith Paper GmbH & Co.KG),
C/o-Mohinder Puri & Co., CAs,
IA-D, Vandhna, 11,
Tolstoy Marg, New Delhi-110001.
PAN-AADCV4876D ..........अपीलाथ0/Applicant
vs
The DCIT,
Circle-3(1)(1),
International Taxation,
New Delhi. ............. %1यथ0 / Respondent
अपीलाथ0 क2 ओर से / Applicant by : Sh. Rajan Bhatia, Adv.
%1यथ0 क2 ओर से / Respondent by : Sh. S.N.Meena, Sr.DR
सन
ु वाई क2 तार ख / घोषणा क2 तार ख /
Date of Hearing : 13.03.2020 Date of Pronouncement: 13.03.2020
आदे श / ORDER
PER SUSHMA CHOWLA,VP The present stay application is filed by applicant seeking extension of stay against the recovery of outstanding demand relating to Assessment Year 2015-16.
2. The Ld.AR for the applicant pointed out that earlier stay was granted by the Tribunal vide order dated 13.09.2019. He also pointed out that against SA No.202/Del/2020 the demand of Rs.6.24 crores (approx.), the applicant had already deposited Rs.2.34 crores (approx.). Further, TDS credit of Rs.50,57,005/- has not allowed to the applicant and the application seeking credit for the same is still pending with the Assessing Officer. He referred to the stay order of the Tribunal and pointed out that similar plea was also made for seeking stay against recovery of outstanding demand originally. He further stated that since the conditions of stay have been applied with, extension of stay may be granted to the applicant. The appeal is already fixed for hearing on 04.05.2020.
3. The Ld. DR for the Revenue opposed the submissions made by the Ld.AR for the applicant.
4. On the perusal of record and after hearing both the representatives, we find that the present stay application has been moved by the applicant seeking extension of stay against recovery of outstanding demand. As against the total demand of Rs.6.24 crores (approx.) which includes interest also, the applicant has already paid sum of Rs.2.34 crores (approx.). Further, the applicant has filed an application seeking credit of TDS of Rs.50,57,005/- which is pending before the Assessing Officer till date. After the adjustment of TDS credit, the balance demand in the case would be Rs.3.11 crores (approx.). The applicant has prima facie case in its favour on the merits of the case and we are of the view that balance of convenience demands that extension may be granted against recovery of outstanding demand for a period of 180 days or till the disposal of appeal, whichever is earlier. The appeal is already fixed for hearing on 04.05.2020. Both the parties are directed not to take frivolous adjournment. Hence, the stay application filed by the applicant stand allowed. 2 SA No.202/Del/2020
5. In the result, the stay application of the applicant is allowed.
Order pronounced in the open court on 13th March, 2020.
Sd/- Sd/- (PRASHANT MAHARISHI) (SUSHMA CHOWLA) लेखा सद-य / ACCOUNTANT MEMBER उपा!य" / VICE PRESIDENT द ल / दनांक Dated : 13th March, 2020 * Amit Kumar *
आदे श क2 %6त7ल(प अ8े(षत/Copy of the Order is forwarded to :
1. अपीलाथ0 / The Appellant
2. %1यथ0 / The Respondent
3.
आयकर आय:
ु त(अपील) / The CIT(A)
4.
म= ु य आयकर आय:
ु त / The Pr. CIT
5. (वभागीय %6त6न ध, आयकर अपील य अ धकरण, द ल / DR, ITAT, Delhi
6. गाड) फाईल / Guard file.
ु ार/ BY ORDER, आदे शानस स1या(पत %6त //True Copy// सहायक रिज-Dार, आयकर अपील य अ धकरण , द ल Assistant Registrar, ITAT, Delhi 3