Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1818 - HC - Income TaxStay petition - recovery proceedings - TDS u/s 195 - payments made by the Appellant under the Distribution Agreement dated 12.12.2005 (superseded by Reseller Agreement) to GIL - withholding obligations on the Appellant were integrally linked/ dependent with/on the taxability of the amounts in the hands of GIL - HELD THAT:- i) The coercive process for the recovery of the balance amount of demand may not be taken by the respondent-Revenue in view of their interest having been adequately safeguarded and the major portion of the demand having already been paid by the appellant-Assessee Company. ii) The penalty proceedings shall not be undertaken by the Revenue Authorities during the pendency of the present appeals filed by the appellant before this Court. iii) So far as the fresh proceedings to be undertaken by the TPO in pursuance of the remand directions by the Tribunal are concerned, we make it clear that the said exercise can be undertaken by the TPO in pursuance of the impugned order of the learned Tribunal during the pendency of these appeals, but no final order shall be passed by the TPO for all these assessment years in question, in pursuance of the impugned order passed by the learned Tribunal dated 11.05.2018, without obtaining specific leave of this Court. iv) However, we direct that the Assessee-Company shall co-operate with these remand proceedings and the draft order of TPO may be made available and be placed before this Court at the stage of final hearing of the present appeals and that may be taken into account by the Court at the time of final hearing. With these interim directions, the stay application is disposed of. We direct the Appellant-Assessee to file Additional Affidavit before this Court in four weeks explaining in brief the Shareholding pattern of the Assessee Company and Google Ireland Limited [GIL]. The difference between Distribution Agreement dated 12.12.2005 and Reseller Agreement dated 01.07.2012. ITES Agreement and aforesaid two Agreements. Explain with a fact sheet the factual and technological aspects step by step for operating the Adwords Program. Whether there is any user of IPR (Intellectual Property Rights) of Google Ireland Limited (GIL) or Google Inc., USA by the Assessee Company for uploading the Advertisements of the Advertisers on the internet space or not?
|