Bengaluru ITAT directs
Vodafone Mobile Services Ltd. (‘assessee’) to pay Rs. 5 Cr on or before January
31, 2018 and retain balance of another 20% (rounded off to Rs. 10 cr.) as
balance in its bank account while granting stay for 3 months for balance amount;
Firstly, ITAT holds that there is no ‘prima facie’ case in favour of the
assessee as the issue involved in appeal (i.e. TDS applicability on
interconnect charges payment to foreign carriers) is covered against the
assessee by earlier year order in assessee’s own case; Next, ITAT relies on
jurisdictional HC ruling in Google India Private Ltd. wherein it was held that
for granting stay, payment of 55% of disputed demand and retaining balance of
another 20% of disputed demand in assessee’s bank account is just & proper
condition; Further, ITAT rejects giving much importance to the rectification
application filed by assessee (which according to assessee would reduce the
total demand for subject AY to Rs.34.66 cr.) as such application was
filed by assessee just a day prior to filing stay application and therefore,
could not be considered by AO, moreover, ITAT observes that assessee did not
demonstrate any ‘financial hardship’, cites SC ruling in Dunlop India
Ltd.; Noting that on payment of Rs.5 cr., the total payment against the
outstanding demand comes to 42.5% of the total disputed demand of Rs.47.05 Cr
(and about 57.7% if rectification application is allowed), ITAT directs Revenue
not to enforce recovery of the demand subject to assessee meeting the aforesaid
twin conditions:ITAT
Subscribe to:
Post Comments (Atom)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
Recently, a few announcements made by our Finance Minister, Nirmala Sitharaman, sparked widespread discussions, particularly in the retail a...
No comments:
Post a Comment