Income Tax Appellate Tribunal - Bangalore
M/S Dell International Services India ... vs Joint Commissioner Of Income Tax Ltu , ... on 13 March, 2020
SP Nos.66 to 72&82/Bang/2020
Dell International Services India Pvt. Ltd., Bangalore
IN THE INCOME TAX APPELLATE TRIBUNAL
"B''BENCH: BANGALORE
BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER
AND
SMT. BEENA PILLAI, JUDICIAL MEMBER
S.P. Nos.66 to 70 & 82/Bang/2020
Arising out of IT(TP)A Nos.130/Bang/2014,
269/Bang/2014, 562/Bang/2015, 642/Bang/2016,
2834/Bang/2017 & 878/Bang/2018 respectively
AssessmentYears: 2009-10, 2009-10, 2010-11,
2011-12, 2012-13 & 2009-10 respectively
Dell International Services India
Private Limited
{in the case of erstwhile Perot
Systems TSI (India) Private Limited
since merged}
12/1A, 12/2A, 13/1A, Divyashree Vs. JCIT, LTU, Bangalore
Greens,
Challaghatta Village,
VarthurHobli
Bangalore-560 071
PAN NO :AAACH1925Q
APPELLANT RESPONDENT
S.P. No.71/Bang/2020
Arising out of IT(TP)A No.2835/Bang/2017
Assessment Year: 2013-14
Dell International Services India
Private Limited
{in the case of erstwhile Perot
Systems TSI (India) Private Limited
since merged}
Vs.
12/1A, 12/2A, 13/1A, Divyashree
ACIT, LTU, Bangalore
Greens,
Challaghatta Village,
VarthurHobli
Bangalore-560 0071
SP Nos.66 to 72&82/Bang/2020
Dell International Services India Pvt. Ltd., Bangalore
Page 2 of 6
APPELLANT RESPONDENT
S.P. No.72/Bang/2020
Arising out of IT(TP)A No.879/Bang/2018
Assessment Year: 2007-08
Dell International Services India
Private Limited
{in the case of erstwhile Perot
Systems TSI (India) Private Limited
since merged}
Vs.
12/1A, 12/2A, 13/1A, Divyashree
DCIT, LTU, Bangalore
Greens,
Challaghatta Village,
VarthurHobli
Bangalore-560 0071
APPELLANT RESPONDENT
Appellant by : Shri T. Suryanarayana, A.R.
Respondent by : Shri Priyadarshini Mishra, D.R.
Date of Hearing : 13.03.2020
Date of Pronouncement : 13.03.2020
ORDER
PERB.R. BASKARAN, ACCOUNTANT MEMBER:
All these stay applications have been filed by the assessee seeking stay of outstanding demand pertaining to the assessment years 2007-08, 2009-10 to 2013-14.
2. During the course of last hearing, the assessee had submitted a statement of outstanding demands pertaining SP Nos.66 to 72&82/Bang/2020 Dell International Services India Pvt. Ltd., Bangalore Page 3 of 6 to all these appeals. However, the Ld. D.R. sought time with the plea that the statement furnished by the assessee needs to be verified by the A.O. Accordingly, these stay applications were adjourned today. The Ld. D.R. submitted a report obtained from the A.O. The position of outstanding demands in respect of all these appeals have been aggregated and summarized as under
by the A.O.:-
Particulars Amount (INR) Total gross demand (as per latest order) 1398.38 for all the entities (A) Less: Refund due and pending 135.71 adjustment Less: Amount paid (C) 468.19 Less: Bank guarantee furnished (D) 100.96 Balance demand (E=A-B-C-D) 693.52 Percentage of the gross demand 49.59 remaining (F=E/A*100)
3. The Ld. A.R. submitted that the A.O. has himself shown that the outstanding demand is only 49.59%, meaning thereby, the assessee has paid more than 50% of the outstanding demand. He submitted that the outstanding demand worked out by the A.O. also includes interest charged u/s 220(2) of the Income-tax Act,1961 ['the Act' for short] to the tune of Rs.268.72 crores. It also includes demand pertaining to the assessment year 2015- 16 to the tune of Rs.73.81 crores, which appeal is pending before Ld. CIT(A). He further submitted that refund due SP Nos.66 to 72&82/Bang/2020 Dell International Services India Pvt. Ltd., Bangalore Page 4 of 6 to the assessee for assessment year 2018-19 and 2019-20 aggregating to Rs.63.61 crores was not considered by the A.O. He submitted that, if all the above said items are excluded, the balance outstanding demand would work out to a small percentage of total outstanding demand. He further submitted that the assessee has got prima facie case in its favour. Accordingly, he prayed that the balance outstanding demand for all the years under consideration may be stayed.
4. On the contrary, the Ld. D.R. submitted that the refunds pertaining to assessment year 2018-19 and 2019- 20 could not be adjusted, since the relevant assessments are pending. He further submitted that the interest u/s 220(2) of the Act has already been levied and hence the same has been included in the outstanding demand by the A.O. He submitted that the assessee may be directed to pay further sum towards outstanding demand.
5. We heard the parties and perused the record. As per the working given by the A.O., the assessee has already paid more than 50% of the outstanding demands. It is the contention of the assessee that prima facie case is in favour of the assessee. Considering all these aspects, we are of the view that the balance of convenience is in favour of granting stay of outstanding demands referred SP Nos.66 to 72&82/Bang/2020 Dell International Services India Pvt. Ltd., Bangalore Page 5 of 6 above. Accordingly, we stay the collection of outstanding demands for a period of 6 months from the date of this order or till the date of disposal of this appeal, whichever period expires earlier.
6. The registry has reported that all the relevant appeals have been posted for hearing on different dates, viz., 23.03.2020; 01-04-2020; 16.04.2020 and 28.04.2020. The assessee should not seek adjournment on the above said dates without reasonable cause, failing which the present stay applications shall be subjected to review by the division bench hearing the appeals.
7. In the result, all the stay petitions filed by the assessee are allowed.
Order pronounced in the open court on 13.03.2020.
Sd/- Sd/-
(Beena Pillai) (B.R. Baskaran)
Judicial Member Accountant Member
Bangalore,
Dated 13th March, 2020.
/VG/
SP Nos.66 to 72&82/Bang/2020
Dell International Services India Pvt. Ltd., Bangalore Page 6 of 6 Copy to:
1. The Applicant
2. The Respondent
3. The CIT
4. The CIT(A)
5. The DR, ITAT, Bangalore.
6. Guard file By order Asst. Registrar, ITAT, Bangalore.