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2016 (9) TMI 808 - AT - Income TaxGrant of stay for outstanding demand - prima facie case - addition made on account of payment on account of Management Support Services - Held that:- Assessee has a prima facie case. In respect of the payments made under MSSA as well as payment for IT service, the evidence regarding benefit received by the Assessee have not been considered by the DRP. The circumstance that in respect of MSSA receipt by the holding company KPNV, the revenue has accepted that the Assessee has received benefit from services provided by KPNV to the Assessee, also shows that the stand taken by the revenue is contradictory. Even in respect of the software development services, the ALP determined by the revenue in the light of the decisions rendered by the Tribunal, may not be ultimately sustained. In the given circumstances, we are of the view that the Assessee has made out a prima facie case for grant of stay. The balance of convenience is in favour of the Assessee as substantial outstanding demand has been paid by the Assessee. The Assessee will also be put to hardship if the order of stay is not granted. The revenue is at liberty to appropriate the adjustment of refunds due to the Assessee as agreed by the learned counsel for the Assessee. We therefore grant an order of stay of recovery of outstanding demand arising out of the Assessment for AY 2009-10 & 2011-12 for a period of 6 months from this day or till disposal of the Appeals of the Assessee, whichever is earlier. The appeal of the Assessee is directed to be fixed out of turn for hearing on 29.9.2016
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