Income Tax Appellate Tribunal - Indore
Idea Cellular Limited, Indore vs Dcit Tds, Indore on 9 March, 2018
आयकर अपील य अ धकरण, इ दौर यायपीठ, इ दौर
IN THE INCOME TAX APPELLATE TRIBUNAL
INDORE BENCH, INDORE
BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND
SHRI MANISH BORAD, ACCOUNTANT MEMBER
Stay Application Nos. 14 to 17/Ind/2018
(Arising out of I.T.A.Nos. 171, 167, 166 &
172/Ind/2018)
Assessment Year: 2015-16 (Q.1 & 2), 2015-16 (Q.3),
2016-17 (Q.4),
M/s.Idea Cellular Dy. CIT, (TDS),
Limited, Indore.
Indore. बनाम/
Vs.
(Applicant ) (Respondent )
P.A. No.BPLA00913D
Applicant by Shri Ronak Joshi, C. A.
Respondent by Shri Lal Chand, CIT
Date of Hearing: 09.03.2018
Date of Pronouncement: 09.03.2018
Idea Cellular Limited, Indore. -:2:-
आदे श / O R D E R
PER KUL BHARAT, J.M:
These Stay Applications are filed by the assessee seeking stay of the demand of Rs. 6,90,37,623/- as per details given below :-
F.Y. Quarter Section Discount TDS Interest Total Payment Balance demand done 2014- Q1 & 201 531,819,370 53,181,938 3,471,200 56.653,138 53,181,938 3,471,200 15 Q2 2014- Q3 201 249,315,335 24,931,534 739,654 25,671 24,931,534 739,654 15 2015- Q4 201 328,911,229 32,891,123 4,263,266 37,154,389 5,573,158 31,581,231 16 2016- Q1 201 3,49,226,876 34,922,688 6,634,235 41,556,923 8,311,385 33,245,538 17 Total 145,927,283 15,108,355 161,035,638 91,998,015 69,037,623
2. The Ld. Counsel for the assessee further submitted that the assessee would suffer an irreparable loss and injury if unjustified demand is not stayed. The Ld. Counsel further requested that the appeals may be fixed out of turn. The Ld. Counsel submitted that the assessee has already deposited substantial tax. It is further contended that the issues in appeals are covered in favour of the assessee by the judgment of the Hon'ble Karnataka High Court and Hon'ble Rajasthan High Court.
Idea Cellular Limited, Indore. -:3:-
3. The Ld. Departmental Representative opposed the submissions. The Ld. Departmental Representative further submittd that the Tribunal in assessee's own case in earlier years has decided the issue against the assessee. He further contended that the issue is decided in favour of the Revenue by the Hon'ble Delhi High Court.
4. We have heard the rival contentions. After considering the rival contentions, material placed on record, we deem it proper and in the interest of justice to stay the impugned tax demand subject to the following conditions :-
1. The assessee would pay a sum of Rs. 2 crores as tax in following manner :-
A sum of Rs. 1 crore by 31st March,2018, and remaining Rs. 1 crore to pay in equal instalments within two months thereafter.
2. The assessee would not seek any adjournment.
5. After the first payment of Rs. 1 crore, the hearing of appeal would be fixed for 26th July, 2018.
Idea Cellular Limited, Indore. -:4:-
6. The Stay Application is disposed of in the terms indicated above.
Order was pronounced in the open court on 09.03.2018.
Sd/- Sd/-
(MANISH BORAD) (KUL BHARAT)
ACCOUNTANT MEMBER JUDICIALMEMBER
Indore; दनांक Dated : 09/03/2018
CPU/SPS
Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file.
By order Private Secretary/DDO, Indore