Income Tax Appellate Tribunal - Chennai
Daechang Seat Co. Limited, ... vs Jcit (Osd) International Taxatin 1(1), ... on 9 March, 2020
आयकर अपीलीय अधिकरण, 'डी' न्यायपीठ, चेन्नई।
IN THE INCOME TAX APPELLATE TRIBUNAL
'D' BENCH: CHENNAI
श्री जॉजज माथन, न्याधयक सदस्य एवं
श्री एस. जयरामन, ले खा सदस्य के समक्ष
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND
SHRI S. JAYARAMAN, ACCOUNTANT MEMBER
S.P.Nos.47 & 48/Chny/2020
(arising in ITA Nos.1643/Chny/2019 & IT(TP)-101/Chny/2018)
धनिाज रण वर्ज /Assessment Years: 2014-15 & 2015-16
M/s. Daechang Seat Company The Joint Commissioner of
Limited, C/o Daechang India Seat Income Tax (OSD),
Company Private Limited, No.491, Vs. International Taxation-1(1),
Mannur Village, Sriperumbudur, 4th Floor, BSNL Building,
Kancheepuram District - 602 105 (Tower-1), Greams Road,
[PAN: AADCD 4448B] Chennai - 600 006.
(अपीलार्थी/Appellant) (प्रत्यथी/Respondent)
अपीलाथी की ओर से/ Appellant by : Mr. G. Baskar, Advocate
प्रत्यथी की ओर से /Respondent by : Ms. R. Anitha, JCIT
सुनवाई की तारीख/Date of Hearing : 09.03.2020
घोर्णा की तारीख /Date of Pronouncement : 09.03.2020
आदे श / O R D E R
PER GEORGE MATHAN, JUDICIAL MEMBER:
S.P. No.47/Chny/2020 is a Stay Petition filed by the Assessee against the order u/s.263 of the Income Tax Act, 1961 passed by the learned Commissioner of Income Tax, International Taxation, Chennai in its order No.CIT/IT/CHE/113(263)2018-19 dated 29.03.2019 for the Assessment Year 2014-15.
S.P. Nos.47 & 48/Chny/2020 :- 2 -:
2. Mr.G. Baskar, Advocate represented on behalf of the Assessee and Ms. R. Anitha, JCIT represented on behalf of the Revenue.
3. At the time of hearing, it was submitted by the learned Authorized Representative that the order giving effect to the order of the learned Commissioner of Income Tax, International Taxation passed u/s.263 has already been passed u/s.143(3) of the Income Tax Act, 1961 r.w.s.263 on 26.11.2019.
4. We have considered the submission and perused the materials available on record.
5. As the consequential order has already been passed, the Stay Petition filed against the order passed u/s.263 of the Income Tax Act, 1961 by the learned Commissioner of Income Tax, International Taxation u/s.263 which is under appeal before this Tribunal in I.T.A. No.1643/Chny/2019 becomes infructuous and is dismissed as infructuous.
6. In respect of S.P. No.48/Chny/2020, it was submitted that the Stay Petition was filed in respect of the appeal of the assessee in I.T.(TP).A No.101/Chny/2018 for the Assessment Year 2015-16. It was a submission that the issue in the appeal was that the assessee had S.P. Nos.47 & 48/Chny/2020 :- 3 -:
received certain royalty on which the Tax Deducted at Source [TDS] of 10% had been deducted. The Assessing Officer held that the royalty was nothing but the income assessable under the head 'Income from other sources' on which TDS was liable to be made at the rate of 40%. It was a submission that the assessee has a strong case in appeal. It was a submission that the total demand was Rs.2.22 crores against which the assessee had paid about Rs.3.00 lakhs and the balance of Rs.2.18 crores was a pending demand. It was a submission that substantial portion of the demand was on account of the interest u/s.234A & 234B of the Income Tax Act, 1961.
7. In reply, the learned Departmental Representative vehemently opposed the Stay Petition. It was a submission that if at all, the assessee could be granted installments.
8. We have considered the rival submission and perused the materials available on record.
9. Without going into the merits and considering the fact that the assessee had only paid Rs.3.00 lakhs as against the demand of Rs.2.22 crores, it is directed that the assessee shall pay the balance of the disputed taxes in an installment scheme of Rs.10.00 lakhs per month.
The first installment to be paid on or before 15th March, 2020 and S.P. Nos.47 & 48/Chny/2020 :- 4 -:
subsequent installments to be paid on or before of 15th of every succeeding months.
10. The Stay Petition S.P. No.48/Chny/2020 filed by the assessee is partly allowed.
11. In the result, the Stay Petition S.P. No.47/Chny/2020 filed by the assessee is dismissed as infructuous and the Stay Petition S.P. No.48/Chny/2020 is partly allowed for statistical purpose.
Order pronounced in the open Court on 9th March, 2020 in Chennai.
Sd/- Sd/-
(श्री एस. जयरामन) (जॉजज माथन)
(S. JAYARAMAN) (GEORGE MATHAN)
लेखा सदस्य/ACCOUNTANT MEMBER न्याययक सदस्य/JUDICIAL MEMBER
चेन्नई/Chennai,
धदनां क/Dated: 9th March, 2020
IA, Sr. PS
आदे श की प्रधतधलधप अग्रेधर्त/Copy to: 1. अपीलाथी/Appellant 2. प्रत्यथी/Respondent 3. आयकर आयुक्त (अपील)/CIT(A) 4. आयकर आयुक्त/CIT 5. धवभागीय प्रधतधनधि/DR 6. गाडज फाईल/GF