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Income Tax Appellate Tribunal - Delhi

Tsi Yatra Pvt. Ltd., Gurgaon vs Addl. Cit, Range-25, New Delhi on 15 February, 2019

                IN THE INCOME TAX APPELLATE TRIBUNAL
                     (DELHI BENCH: 'G': NEW DELHI)

             BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER
                               AND
          SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER

                             SA No: 122/Del/2019
                    Arising out of ITA No:- 1068/Del/2015
                          (Assessment Year: 2014-15)
TSI Yatra Pvt. Ltd.                     Addl. CIT
United Cyber Park                 Vs. Range- 25
1st Floor, Sector- 39, Gurgaon,         New Delhi
Haryana, Pin: 122001
PAN No:      AABCT7696P
APPELLANT                               RESPONDENT

            Assessee by             :     Sh. Kamal Sawhney, CA
            Revenue by              :     Sh. N.K. Bansal, Sr DR
            Date of Hearing         :     15.02.2019
            Date of Pronouncement   :     15.02.2019



                               INTERIM ORDER

PER BENCH:

The Assessee by way of the present Stay application moved under Rule 35A of the ITAT Rules prays for stay of outstanding demand of Rs. 7,78,06,542/-. The Ld. AR relying upon the judgment of Hon'ble Bombay High Court in the case of Vodafone M-pesa Ltd. vs. Principal Commissioner of Income Tax (2018) 92 taxmann.com 73 (Bombay) submitted that prima facie he has an arguable case in its favour.

2. The Assessee is a private limited company engaged in the business of providing reservation and booking services relating to travel, tours and tourism. It primarily caters to B2B segment of the Yatra group with its main SA No: 122/Del/2019 Arising out of ITA No:- 1068/Del/2015 TSI Yatra Pvt. Ltd.

customers being tour and travel agents. Yatra Group is a group of online travel companies which acts as a one-shop stop for all travel-related services. The Group provides information, pricing, availability, and booking facility for domestic and international air travel, railway reservation, hotel bookings, holiday packages, buses, and car rentals. It is a wholly owned subsidiary of Yatra Online Private Limited.

3. The Ld. AR submitted that the Assessee is under an apprehension that the Assessee's accounts may be attached and thus his functioning may be impaired accordingly, Stay was requested. In response to a query from the Bench about the financial status of the Assessee, it was his submission that the Assessee has been incurring losses for the last few years and only in the year under consideration the Assessee possibly has a positive income. The Ld. Sr. DR Mr. N.K. Bansal submitted that these general submissions do not establish financial inability to pay the outstanding demand. It was his prayer that in order to demonstrate financial constraints the Assessee should be directed to place its trial balance drawn as on date.

4. Since the relevant facts are not available on record, it was deemed appropriate after duly hearing the parties, to direct that the Assessee shall place a copy of trial balance drawn as on 18.02.2019, copy whereof to be filed by Assessee in the Registry and with Departmental Representative latest by 19.02.2019.

5. Considering the fact that the Assessee is confident that it has a prima facie case in its favour, it was deemed appropriate after ascertaining the convenience of the parties, to grant early hearing to the Assessee.

6. Accordingly, we direct that the appeal along with the said Stay application shall come up for hearing on 25.02.2019. In the meantime, no coercive action to be taken by Revenue for recovery of demand. Status quo to be maintained by both the parties to ensure that the interests of the Government are also secured.

Arising out of ITA No:- 1068/Del/2015 TSI Yatra Pvt. Ltd.

7. Said order was pronounced in the open court in the presence of the parties.

       Sd/-                                                          Sd/-
(ANADEE NATH MISSHRA)                                           (DIVA SINGH)
  ACCOUNTANT MEMBER                                           JUDICIAL MEMBER

Dated: 15.02.2019
Bidhan

Copy   forwarded to:
  1.    Appellant
  2.    Respondent
  3.    CIT
  4.    CIT(Appeals)
  5.    DR: ITAT
                                                   ASSISTANT REGISTRAR
                                                      ITAT NEW DELHI

Date of dictation                                                        15.02.19
Date on which the typed draft is placed before the dictating Member      15.02.19
Date on which the typed draft is placed before the Other Member          15.02.19
Date on which the approved draft comes to the Sr. PS/PS                  15.02.19
Date on which the fair order is placed before the Dictating Member       15.02.19
for pronouncement
Date on which the fair order comes back to the Sr. PS/PS                 15.02.19

Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order Page 3 of 3