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)
Navigating the Complexities of GST Pre-deposit Requirements Before GSTAT
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Capital gains taxation on immovable property under the Income-tax Act, 1961 often turns on a deceptively simple question: when is a proper...
-
Tax Deducted at Source (TDS) is generally not applicable to interchange fees, payment gateway charges, or the Merchant Discount Rate (MDR)...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment