Income Tax Appellate Tribunal - Indore
Idea Cellular Limited, Indore vs Dcit Tds, Indore on 19 April, 2022
आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर
IN THE INCOME TAX APPELLATE TRIBUNAL,
INDORE BENCH, INDORE
BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER
AND
SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER
VIRTUAL HEARING
SA No. 7 to 16/Ind/2022
(Arising out of ITA Nos. 166, 167, 171 & 172/Ind/2017, 955 &
966 to 970/Ind/2019)
M/s. Vodafone Idea Ltd.
(formerly M/s. Idea Cellular Ltd.)
PAN: AAACB2100P
Indore : Appellant
V/s
Dy. CIT,
Indore : Respondent
Appellant by S/Shri Sumeet Nema, Sr. Advocate
and Shri Gagan Tiwari, Advocate
Respondent by Shri S.K. Soni, Sr. DR
Date of Hearing 19.04.2022
Date of Pronouncement 19.04.2022
ORDER
PER BHAGIRATH MAL BIYANI , A.M:
These Stay Applications are filed by the assessee seeking extension of stay over outstanding demand of Rs. 13,73,32,676/-, as per details given below:
M/s. Vodafone Idea Ltd.
SA No.7/Ind/2022 & others
SA No. Year Quarter Total Amount Outstanding
Outstanding already paid demand for
amount which stay is
requested
SA7/Ind/2022 2015-16 I & II 5,66,53,138 5,31,81,938 34,71,200
SA8/Ind/2022 2015-16 III 2,56,71,188 2,49,31,534 7,39,654
SA9/Ind/2022 2016-17 III 2,99,25,395 1,04,88,810 1,94,36,585
SA10/Ind/2022 2016-17 IV 3,71,54,389 55,73,158 3,15,81,231
SA11/Ind/2022 2017-18 I 4,15,56,923 2,83,11,385 1,32,45,538
SA12/Ind/2022 2017-18 II 1,86,94,376 64,88,875 1,22,05,501
SA13/Ind/2022 2017-18 III 1,63,19,520 60,13,904 1,03,05,616
SA14/Ind/2022 2017-18 IV 1,52,73,920 53,04,784 99,69,136
SA15/Ind/2022 2018-19 III 4,40,34,626 1,55,56,925 2,84,77,701
SA16/Ind/2022 2018-19 IV 1,24,00,514 45,00,000 79,00,514
Total 29,76,83,389 16,03,51,313 13,73,32,676
2. Ld. AR submitted that as per this Bench's Order dated 17.01.2022 passed in S.A. No. 61 to 70/Ind/2021, the assessee was granted stay over the above-detailed outstanding demands upto 05.04.2022 or disposal of relevant pending appeals, whichever is earlier. The Ld. AR thus submitted that the stay so granted has already expired on 06.04.2022. The Ld. AR further submitted that the assessee has complied with all directions of the Hon'ble Bench as mentioned in the aforesaid Order dated 17.01.2022. The Ld. AR also submitted that the appeals relating to present Stay Applications ["relevant pending appeals" hereafter] are pending before this Bench for adjudication and the issues involved therein are also pending for adjudication before Hon'ble Supreme Court. The Ld. AR submitted that the appeals pending before Hon'ble Supreme Court shall take some time to reach finality. The Ld. AR further assured that the assessee shall not 2 M/s. Vodafone Idea Ltd.
SA No.7/Ind/2022 & others seek any unwarranted adjournment in the "relevant pending appeals" and shall continue to cooperate in the early and expeditious disposal of the same. With these submissions, the Ld. AR has now sought extension of the stay over demand till the disposal of "relevant pending appeals" by this Bench.
3. On the other hand, the Ld. Sr. DR opposed the request but could not controvert the above submissions.
4. We have heard the rival contentions and perused the material available on record. We find that the present Stay Applications are for the extension of the stay already granted by us vide Order dated 17.01.2022. We also observe that out of the total demand of Rs. 29.76 crores (approx.), the assessee has already paid Rs. 16.03 crores (approx.) which is almost 53% (approx.) of total demand. We are also informed that the identical issue is pending for adjudication before Hon'ble Supreme Court which will take some time. We also observe that the relevant appeals in which the outstanding demands covered by present Stay Applications are involved, are pending before this Bench and the Ld. AR has assured that in disposal of those appeals, the assessee shall not seek any unwarranted adjournments and shall continue to cooperate in the early and expeditious disposal of the same. We, therefore deem it appropriate and in the interest of justice to 3 M/s. Vodafone Idea Ltd.
SA No.7/Ind/2022 & others extend the stay of outstanding demand mentioned in the instant stay applications for a period of 90 days immediately from the expiry of last extension or till the disposal of relevant pending appeals, whichever events occur earlier.
5. The stay petitions are disposed of accordingly subject to the conditions indicated hereinabove.
The order pronounced as per Rule 34 of ITAT Rules, 1963 on 19.04.2022.
Sd/- Sd/-
(MADHUMITA ROY) (BHAGIRATH MAL BIYANI)
JUDICIAL MEMBER ACCOUNTANT MEMBER
दनांक /Dated : 19.04.2022
Patel/PS
Copy to: The Appellant/Respondent/CIT concerned/CIT(A) concerned/ DR, ITAT, Indore/Guard file.
By Order, Sr. Private Secretary, I.T.A.T., Indore 4