Income Tax Appellate Tribunal - Jaipur
M/S National Oil Well Maintenance ... vs Dcit,Circle ( International ... on 11 August, 2022
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IN THE INCOME TAX APPELLATE TRIBUNAL,
JAIPUR BENCHES,"B" JAIPUR
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BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM
Stay Application No.9 & 10/JP/2022
(Arising out of IT(IT)A No. 11 & 12/JP/2022)
fu/kZkj.k o"kZ@Assessment Year : 2018-10 & 2019-20
National Oil Well Maintenance Company cuke The DCIT
Jodhpur Vs. Circle-(International
Taxation)Jaipur
LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADCN 2122 J
vihykFkhZ@Appellant izR;FkhZ@Respondent
fu/kZkfjrh dh vksj ls@Assessee by : Shri Mahesh Gehlot, Advocate
jktLo dh vksj ls@Revenue by: Smt. Runi Pal, Addl. CIT
lquokbZ dh rkjh[k@Date of Hearing : 10/08/2022
mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 11/08/2022
vkns'k@ORDER
PER: RATHOD KAMLESH JAYANTBHAI, AM The assessee has filed Stay Applications praying therein to stay the outstanding demand because the assessee will suffer irreparable loss in case the recovery of the demand is not stayed till the disposal of the appeals which are filed before the ITAT Jaipur Benches. The assessee also mentioned in the stay 2 SA 9 & 10.JP/2022 NATIONAL OIL WELL MAINTENANCE COMPANY VS DCIT, CIRCLE(INTERNATIONAL TAXATION), JAIPUR applications that the ld. CIT(A) confirmed the additions made by the AO without providing reasonable opportunity to defend the case. 2.1 During the course of hearing, the Bench noted from the Stay Petitions (supra) filed by the assessee that Department has raised the following outstanding demands from the assessee company.
A.Y. Outstanding Demand raised by the Department 2018-19 Rs. 62,99,533/- 2019-20 Rs.1,45,11,526/- Total Rs.2,08,11,059 2.2 At the outset of the hearing of Stay Petitions, the AR of the assessee prayed
for stay of outstanding demand raised by the Department for which the Bench directed the ld. AR of the assessee to deposit 20% of the outstanding demand i.e. Rs.41,62,211/- and in that eventuality, the case of stay petition can be considered on merit.
2.3 On the other hand, the ld. DR objected to the Stay Petitions filed by the assessee and prayed from the Bench that the assessee should first deposit the demand raised by the Department and then its prayer may be considered by the Bench.
3
SA 9 & 10.JP/2022 NATIONAL OIL WELL MAINTENANCE COMPANY VS DCIT, CIRCLE(INTERNATIONAL TAXATION), JAIPUR 2.4 In rejoinder, ld. AR of the assessee prayed that a refund amount of Rs.6,30,10,870/- is lying with the Department which is pending for payment to the assessee by the Department and this 20% amount may kindly be recovered by the Department from the refund amount which is yet to be paid by the Department and after Covid-19, the company is facing severe financial crunch and in that case these 20% be adjusted from refund amount.
2.5 We have heard the rival contentions and perused the materials available on record. After hearing the stay petition, we are of the view that the assessee has made out a genuine request by paying 20% of the demand and requested to keep the balance demand in abeyance till the disposal of appeal. Thus, in view of the above facts and circumstances of the case, the Bench further directs the Department not to take any coercive action against assessee and stay of demand is granted till disposal of the appeal or 90 days from the date of order whichever is earlier and at the same time Department is directed to adjust 20% of the demand raised out of the refund of Rs.6,30,10,870/- arising out of ITR filed by the assessee for A.Y. 2021-22. The assessee is also directed to submit the paper book in advance and give the copy to the Revenue for arguments. Thus the next date of hearing of the appeal is fixed for 14-09-2022 and the assessee shall not seek any adjournment on frivolous ground.
4
SA 9 & 10.JP/2022 NATIONAL OIL WELL MAINTENANCE COMPANY VS DCIT, CIRCLE(INTERNATIONAL TAXATION), JAIPUR 3.0 In the result, the Stay Application of the assessee is allowed as pronounced in open Court on 11-08-2022.
Sd/- Sd/- ¼ laanhi xkslkbZ ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Sandeep Gosain) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 11 /08/2022 *Mishra
vkns'k dh izfrfyfi vxzsf'kr@Copy of the order forwarded to:
1. The Appellant- M/s. National Oil Well Maintenance Company, Jodhpur ,.
2. izR;FkhZ@ The Respondent- The DCIT, CIRCLE (International Taxation), Jaipur .
3. vk;dj vk;qDr@ The ld CIT
4. vk;dj vk;qDr¼vihy½@The ld CIT(A)
5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur
6. xkMZ QkbZy@ Guard File (SA No. 9 & 10/JP/2022) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar