Income Tax Appellate Tribunal - Chennai
Nissan Motor India Private Limited , ... vs Dcit International Taxation 2(1) , ... on 4 August, 2017
आयकर अपील य अ धकरण, 'डी' यायपीठ, चे नई
IN THE INCOME-TAX APPELLATE TRIBUNAL 'D' BENCH, CHENNAI
ी धु वु आर.एल रे डी, या यक सद य एवं ी एस जयरामन, लेखा सद य के सम
Before Shri Duvvuru RL Reddy, Judicial Member &
Shri S. Jayaraman, Accountant Member
S.P. No. 219/Mds/2017
[In I.T.A. No.1854/Mds/2017]
Assessment Year :2014-15
M/s. Nissan Motor India Pvt. Ltd., The Deputy Commissioner of
Plot No. 1, SIPCOT Industrial Estate, Vs. Income Tax, International Taxation 2(1),
Oragadam, Mattur Post, Room No. 409, 4th Floor, BSNL
Sriperumbudur 602 015. Building Tower 1, Greams Road,
Chennai 600 006.
[PAN:AACCN0695D]
(अपीलाथ /Appellant) ( यथ /Respondent)
अपीलाथ क ओर से / Appellant by : Shri N.V. Balaji, Advocate
यथ क ओर से/Respondent by : Shri B. Sagadevan, JCIT
सुनवाई क तार ख/ Date of hearing : 04.08.2017
घोषणा क तार ख /Date of Pronounce ment : 04.08.2017
आदेश /O R D E R
PER DUVVURU RL REDDY, JUDICIAL MEMBER:
By means of present stay petition, the assessee seeks to grant stay of outstanding demand of ₹.3,45,00,000/- till the final disposal of the appeal filed by the assessee for the assessment year 2014-15.
2. The ld. Counsel for the assessee, by relying on the stay petition, has submitted that on verification of Form 15CA/CB filed by the petitioner on foreign remittances, the Assessing Officer has observed that the payments 2 S.P. No.219/M/17 made by the petitioner in respect of reimbursement of warranty and purchase of software made to non-residents have been subject to withholding tax under the provisions of the Income Tax Act. By holding the petitioner is in default for not withholding the tax as per the provisions of the Act, the Assessing Officer passed order under section 201(1)/201(1A) of the Act dated 28.10.2016, which was confirmed by the ld. CIT(A) on further appeal. Against the above confirmation, the petitioner preferred further appeal before the Tribunal.
3. Before us, the ld. Counsel for the assessee has submitted that there is prima facie case in appeal and prayed that the stay may be granted till the final disposal of the appeal. On the other hand, the ld. DR has objected to grant the stay.
4. We have heard both sides and perused the records. We find that against the order of the ld. CIT(A), the petitioner has filed an appeal before the Tribunal on 01.08.2017 and the same is posted for hearing on 17.10.2017. Before the Bench, the ld. Counsel for the assessee has strongly pleaded that there is prima facie case of the petitioner before the Tribunal. Moreover, it was also submitted that against the total outstanding amount of tax and interest of ₹.4,06,78,592/-, the assessee has already paid 15% of the outstanding amount of ₹.61,78,592/- and pleaded that recovery of the demand will cause unavoidable hardship to the assessee and thus, prayed 3 S.P. No.219/M/17 that the stay may be granted till final disposal of the appeal pending before the Tribunal for adjudication. He also prayed for early hearing of the appeal filed by the petitioner. Considering the above facts and circumstances of the assessee, we grant stay of recovery of outstanding amount upto sixty days from the date of this order or till the final disposal of the appeal, whichever is earlier.
5. Further, we grant early hearing by fixing the appeal for hearing on 11.09.2017 and the ld. Counsel for the assessee has endorsed having noted the date of hearing in the order sheet, no separate notice would be issued to both parties. We also direct the petitioner not seek adjournment other than for just cause. If the assessee is found violated the above condition, the stay granted hereinabove shall be vacated automatically. With the above, stay petition filed by the assessee is disposed off.
Order pronounced on the 04th August, 2017 at Chennai.
Sd/- Sd/-
(S. JAYARAMAN) (DUVVURU RL REDDY)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Chennai, Dated, the 04.08.2017
Vm/-
आदेश क त ल प अ े षत/Copy to: 1. अपीलाथ /Appellant, 2. यथ /
Respondent, 3. आयकर आयु त (अपील)/CIT(A), 4. आयकर आयु त/CIT,
5. वभागीय त न ध/DR & 6. गाड फाईल/GF.