Income Tax Appellate Tribunal - Delhi
Intelsat Global Sales And Marketing ... vs Dcit Circle 1(2), Chennai on 16 December, 2022
Author: G.S.Pannu
Bench: G.S.Pannu
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI "D-FRIDAY" BENCH: NEW DELHI
BEFORE SHRI G.S.PANNU, PRESIDENT &
SHRI KUL BHARAT, JUDICIAL MEMBER
S.A.Nos.395 to 405/Del/2022
[In ITTPA Nos.39 to 49/Del/2018]
[Assessment Years : 2002-03 to 2012-13]
Intelsat Global Sales & vs DCIT,
Marketing Ltd., Circle-1(2),
C/o-Pricewaterhouse Coopers Chennai.
(P.) Ltd., 8th Floor, Prestige
Palladium Bayan, 129-140,
Greams Road, Chennai,
Tamil Nadu-600006
PAN-AABCI1539E
APPELLANT RESPONDENT
Appellant by Shri Vishal Kalra, Adv. &
Ms. Sumisha Megai, CA
Respondent by Shri Abhishek Kumar, Sr. DR
Date of Hearing 16.12.2022
Date of Pronouncement 16.12.2022
ORDER
PER KUL BHARAT, JM :
This bunch of eleven (11) stay applications filed by the assessee seeking extension of stay of disputed demand originally granted vide order dated 13.03.2020 for the Assessment Years 2002-03 to 2012-13 respectively. Thereafter, the stay of disputed demand has been extended from time to time and lastly it was extended vide order dated 22.02.2022.
2. Apropos to these applications, Ld. Counsel for the assessee reiterated the submissions as made in the applications. It is contended that 60% of the assessed tax has already been deposited/committed as under:-
8. "It is respectfully submitted that in spite of prima facie case being in favour of the Applicant, 60% of the assessed tax has already been deposited / committed as under:
• 41% of the assessed gross tax payable by way of prepaid taxes, regular assessment taxes and inter-year refund adjustments for the subject AYs.
• 19% of the assessed of gross tax payable by furnishing a bank guarantee of USD 77,40,000 (equivalent to Rs 61,92,00,000 at exchange rate of USD 1 = Rs 80). The Applicant also submits that the bank guarantee of USD 77,40,000 has been extended till December 6, 2023."
3. Ld.Sr.DR opposed these submissions and submitted that more than 365 days has been passed. Therefore, further extension of disputed demand can be granted under the amended provision of law.
4. We have heard Authorized Representatives of the parities and perused the material available on record. We are of the considered view that the assessee has a prima facie good case. Coupled with the fact that the delay in disposal of the appeals, is not attributable to the assessee. So far the objection of Ld.Sr.DR regarding extension of stay of disputed demand beyond 365 days is concerned, it is now settled law that the Tribunal can extend stay of disputed demand beyond 365 days. Therefore, we hereby extend the stay of disputed demand for a period of 90 days w.e.f. today i.e. 16.12.2022 or till the disposal of the appeals, whichever is earlier. Further, the assessee is hereby, directed not to seek any adjournment without any reasonable cause. Therefore, all eleven (11) stay applications filed by the assessee are disposed off in the terms indicated herein above.
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5. In the result, all eleven (11) stay applications filed by the assessee are allowed.
Order pronounced in the open Court on 16 th December, 2022.
Sd/- Sd/-
(G.S.PANNU) (KUL BHARAT)
PRESIDENT JUDICIAL MEMBER
* Amit Kumar *
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT, NEW DELHI
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