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2018 (9) TMI 1460 - AT - Income TaxStay of demand - Additions towards transfer pricing adjustments - assessee to prove prima facie case, financial hardship and prove balance of convenience - Held that:- The assessee was required to demonstrate the prima facie case and balance of convenience and financial hardship for the purposes of making out a case for grant of interim stay. Considering the totality of facts and circumstances, the bench direct the assessee to deposit a sum of ₹ 21 crore as condition of stay. The Bench has arrived at a sum of ₹ 21 crores, taking into account the total demand in both the years, excluding the interest element and after reducing the amount already paid by the assessee. If ₹ 21 crores is paid the total tax demand remaining unpaid would come to around ₹ 42 crores. - Amount allowed to be deposited in installments. If the assessee pays the above said amount of ₹ 21 crores within the time frame stated herein above then the balance Tax amount shall not be enforced by the Revenue by taking any steps whatsoever. This stay shall be in operation for a period of 180 days or till the disposal of the appeal whichever is earlier.
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