Income Tax Appellate Tribunal - Mumbai
Ebay Singapore Services Pvt. Ltd., ... vs Dcit (It) 2(2)(1), Mumbai on 21 October, 2022
IN THE INCOME TAX APPELLATE TRIBUNAL, 'I' BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SA No.131/Mum/2022 (Arising out of ITA No.2378/Mum/2022) (Assessment Year :2019-2020) M/s. eBay Singapore Services Vs. Dy. Commissioner of Pvt. Ltd., Income Tax (IT)-2(2)(1) 1, Temasek Avenue Mumbai 14-01 Millenia Tower Singapore-039192 PAN/GIR No.AAECE0650P (Appellant) .. (Respondent) Assessee by Shri Ketan Ved Revenue by Ms. Samrudhi Hande Date of Hearing 21/10/2022 Date of Pronouncement 21/10/2022 आदे श / O R D E R PER M. BALAGANESH (A.M):
By virtue of this stay application, the assessee is seeking for keeping the demand raised by the ld. AO in abeyance.
2. We have heard rival submissions and perused the materials available on record. We find that there was an initial stay order passed by this Tribunal for this A.Y.2011-20 in SA No.122/Mum/2022 dated 03/10/2022 wherein this Tribunal had remitted the matter to the file of the ld. AO for the limited purpose of verification whether 20% of the 2 SA No. 131/Mum/2022 M/s. eBay Singapore Services Pvt. Ltd., disputed demand was paid by the assessee and, if so, pass an appropriate order granting stay to the assessee on such conditions as deemed appropriate. The ld. AO vide his order dated 13/10/2022 rejected the stay and directed the assessee to make the payment of outstanding demand of Rs.10.31 Crores.
3. From the perusal of the earlier stay order dated 03/10/2022, it is very clear that the matter was remitted to the ld. AO only for the limited purpose of verification of condition of 20% tax payment. Considering the facts and circumstances of the case, we are inclined to grant stay subject to the condition that assessee deposits not less than 20% of the amount of tax, interest, fee, penalty or any other sum payable under provisions of the Act or furnishes security of equal amount in respect thereof in accordance with the provisions of Section 254(2A) of the Act. The ld. AO is hereby directed to comply with the earlier directions of the Tribunal and examine the compliance to Section 254(2A)of the Act.
4. In the result, stay petition is disposed off in the above mentioned manner.
Order pronounced on 21/10/2022 by way of proper mentioning in the notice board.
Sd/- Sd/-
(RAHUL CHAUDHARY) (M.BALAGANESH)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai; Dated 21/10/2022
KARUNA, sr.ps
3
SA No. 131/Mum/2022
M/s. eBay Singapore Services Pvt. Ltd., Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT DR, ITAT, Mumbai
5.
6. Guard file.
//True Copy// BY ORDER, (Sr. Private Secretary / Asstt. Registrar) ITAT, Mumbai