Income Tax Appellate Tribunal - Delhi
Computer Modelling Group Limited, ... vs Acit, Circle-1(2)(1), Int. Taxation, ... on 18 November, 2022
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'D', NEW DELHI
Before Sh. Kul Bharat, Judicial Member
Dr. B. R. R. Kumar, Accountant Member
SA No. 345/Del/2022
(In ITA No. 2305/Del/2022)
Asstt. Year : 2019-20
Computer Modelling Group Ltd, Vs ACIT,
3710 33 Steel NW, Calgary Canada, Circle-1 (2)(1), Int. Taxation,
Edmonton AB, Canada New Delhi
(APPELLANT) (RESPONDENT)
PAN No. AADCC9658E
Assessee by : Sh. Manuj Sabarwal, Adv
Revenue by : Shri Kanav Bali, Sr. DR
Date of Hearing: 18.11.2022 Date of Pronouncement: 18.11.2022
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
1. The present stay application is filed by the assessee.
2. The demand raised as per the submission of the ld AR of Rs. 2.35 crores and the revenue has applied provisions of the MAT to the instant case whereas, the core argument of the ld AR was that the MAT is not applicable as there is no PE. It was further brought to our notice TDS credit has not been g iven while issuing the demand notice and in case the rectification on account of TDS is carried that would result in refund.
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3. Under these facts we hold that rectification for credit of TDS be given for remission of demand and hence, grant stay on any further recovery from the assessee.
Order Pr onounc ed in the Open C ourt on 18/11/2022.
Sd/- Sd/-
(Kul Bharat) (Dr. B. R. R. Kumar)
Judicial Member Accountant Member
Dated: 18/11/2022
*Ajay Kumar Keot, Sr. PS*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
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