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2018 (3) TMI 1784 - AT - Income TaxStay of demand - assessee willingness to pay 20% of the total demand in consonance with the requirement of the recent CBDT Circular dated 29-02-2016 - TP Adjustment - AMP expenses - DR vehemently relied on the decision of Sony Ericcson Mobile Communication India (P.) Ltd. v. CIT [2015 (3) TMI 580 - DELHI HIGH COURT] arguing that AMP expenditure is an international transaction - HELD THAT: - We are inclined to accept the arguments of the ld. AR to the extent that the appeal filed before us would have to be construed as first appeal and accordingly, the assessee is directed to pay a sum of ₹ 1.20 crores on or before 27-03-2018 and produce the evidence of payment of the same to the Registry on the very same date. The assessee is also directed not to alienate his immovable properties, if any, without the prior consent of the Administrative CIT having jurisdiction over this case in order to protect the interest of the revenue till the arrears are discharged for assessment year 2013-14. AR stated that the appeal for the assessment year 2012-13 i.e. immediately preceding year, is listed for hearing on 02-05-2018 wherein similar issue is involved. Accordingly, we direct the Registry to list this case also along with appeal for assessment year 2012-13 on 02-05-2018. In view of the aforesaid findings, we are inclined to keep the demand in abeyance for a period of six months from today or till the disposal off the appeal whichever is earlier, subject to fulfillment of aforesaid conditions.
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