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
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