Income Tax Appellate Tribunal - Mumbai
Marsh India Insurance Brokers Private ... vs Dcit-Cc-7(2)(2), Mumbai on 28 April, 2023
आयकर अपील य अ धकरण
मुंबई पीठ " जे "
ी वकास अव थी, या यक सद य एवं
ी "शांत मह ष', लेखाकार सद य के सम)
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "J", MUMBAI
BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER &
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
S.A NO.57/MUM/2023
[Arising out of ITA NO.6670/MUM/2018, A.Y. 2014-15)
S.A NO.58/MUM/2023
[Arising out of ITA NO.5766/MUM/2019, A.Y. 2015-16)
S.A NO.59/MUM/2023
[Arising out of ITA NO.642/MUM/2022, A.Y. 2017-18)
S.A NO.60/MUM/2023
[Arising out of ITA NO.2265/MUM/2022, A.Y. 2018-19)
Marsh India Insurance Brokers Private Limited.
1201-02, Tower 2, One Indiabulls Centre,
Jupiter Mills Compound, Senapati Bapat Marg,
Elphinstone Road (West), Mumbai - 400 013.
PAN: AADCM-4220-G ..... "ाथ* /Applicant
बनाम Vs.
Asstt. Commissioner of Income Tax-
Circle 7(2)(2)/7(2)(3),
Mumbai ..... " तवाद /Respondent
"ाथ* -वारा/ Applicant by : Shri Madhur Agrawal,Advocate
" तवाद -वारा/Respondent by : Shri Somendu Kumar Dash, Sr. AR
सन
ु वाई क. त थ/ Date of hearing : 28/04/2023
घोषणा क. त थ/ Date of pronouncement : 28/04/2023
आदे श/ ORDER
These stay applications have been filed by the assessee seeking extension of stay on recovery of outstanding demand in the Assessment Years 2014-15, 2015-16, 2017-18 and 2018-19, respectively.
2S.A NO.57/MUM/2023 S.A NO.58/MUM/2023 S.A NO.59/MUM/2023 S.A NO.60/MUM/2023
2. Shri Madhur Agrawal appearing on behalf of the assessee submits that the benefit of stay on recovery of outstanding demand was last extended by the Tribunal vide order dated 21/10/2022 in SA No. 126 to 129/Mum/2022 for a period of six months or till the disposal of appeal, whichever is earlier. The assessee has complied with the directions of the Tribunal dated 21/10/2022 and has paid the requisite amount. The assessee has thus paid 20% of the outstanding demand in each of the Assessment Years under appeal. The ld.Counsel for the assessee further submits that the delay in disposal of appeals is not attributable to the assessee. The assessee has filed an application for Advance Pricing Agreement(APA) for assessment year 2017- 18 and 2018-19. The other two assessment years are role back years. All the requisite documents have been furnished by the assessee. The delay in finalization of APA is on account of Board.
3. The ld.Counsel for the assessee pointed that during the currency of operation of stay, the Assessing Officer in violation of Tribunal orders has adjusted refund of Rs.1.14 cores for Assessment Year 2022-23, towards outstanding demand of Assessment Year 2015-16. No intimation was given by the Assessing Officer for adjustment of refund towards the outstanding demand. Thus, the Assessing Officer has violated the stay orders of the Tribunal.
4. Shri Somendu Kumar Dash representing the Department opposed the extension of stay, however, he endorsed that the assessee's application for APA is pending for final disposal before the Board. In so far as /adjustment of refund of Assessment Year 2022-23 towards the demand for Assessment Year 2015-16 is concerned, the ld. Departmental Representative seeks time to find out the factual status. The ld. Departmental Representative submitted that 3 S.A NO.57/MUM/2023 S.A NO.58/MUM/2023 S.A NO.59/MUM/2023 S.A NO.60/MUM/2023 in case the Assessing Officer has adjusted the amount of refund during the operation of stay, he would direct the Assessing Officer not to do so in future.
5. We have heard the submissions made by rival sides. The assessee is seeking extension of stay of recovery of outstanding demand for the Assessment Years 2014-15, 2015-16, 2017-18 and 2018-19. The assessee has filed APA for Assessment Years 2017-18 and 2018-19, which is still pending for final disposal before the Board. Assessment Years 2014-15 and 2015-16 are roll back years and hence, would be covered by aforesaid APAs. The fact that assessee has deposited 20% of outstanding demand for the respective Assessment Years has not been disputed by the Department. The delay in disposal of appeal is not attributable to the assessee, hence, the assessee deserves the benefit of extension of stay on recovery of outstanding demand for the impugned assessment years. The stay on recovery of outstanding demand is extended further for a period of 180 days from the date of this order or till the disposal of the appeals, whichever is earlier.
6. The ld.Counsel for the assessee has pointed that the Assessing Officer has adjusted refund of Rs.1.14 crores for the Assessment Year 2022-23 on 18/03/2023 against outstanding demand for Assessment Year 2015-16 during operation of stay. The blatant defiance of the stay order by the Assessing Officer is viewed seriously. The Assessing Officer is directed to refund the amount adjusted, if any, within a week time from the date of receipt of this order and report the compliance on the next date of hearing of this application.
7.. Stay Applications No.57,59 & 60/Mum/2023 are disposed of and SA No. 58/Mum/2023 is adjourned to 19/05/2023. The Departmental Representative 4 S.A NO.57/MUM/2023 S.A NO.58/MUM/2023 S.A NO.59/MUM/2023 S.A NO.60/MUM/2023 to furnish compliance report from the Assessing Officer on the next date of hearing. In case the Assessing Officer fails to comply with this order, Assessing Officer is directed to be present in person on the next date in the Court to explain the reasons.
7. In the result, stay applications are disposed of in the aforementioned terms.
Order pronounced in the open Court on Friday the 28th day of April, 2023.
Sd/- Sd/-
(PRASHANT MAHARISHI) (VIKAS AWASTHY)
लेखाकार सद य/ACCOUNTANT MEMBER या यक सद य/JUDICIAL MEMBER
मुंबई/ Mumbai, 1दनांक/Dated: 28/04/2023 Vm, Sr. PS(O/S) त ल प अ े षतCopy of the Order forwarded to :
1. अपीलाथ*/The Appellant ,
2. " तवाद / The Respondent.
3. आयकर आय2 ु त(अ)/ The CIT(A)-
4. आयकर आय2 ु त CIT
5. वभागीय " त न ध, आय.अपी.अ ध., मब ु ई ं /DR, ITAT, Mumbai
6. गाड' फाइल/Guard file.
BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai