New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (6) TMI 935 - ITAT DELHI

2015 (6) TMI 935 - ITAT DELHI - [2015] 39 ITR (Trib) 607 (ITAT [Del]) - Non deduction of TDS on payments made on account of settlement on withdrawal accumulated balance under Rule 9, 10 of part A of Schedule IV of the I.T. Act, 1961 - maintainability of appeal for stay orders - Held that:- Law is well settled that the first appellate authority i.e. Commissioner of Income Tax (Appeals) has power to grant stay. In exercise of this power, learned Commissioner of Income Tax (Appeals) has passed the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

stood that the word ‘order’ as a noun, has been held equivalent to or synonymous with ‘decision’. Therefore, having held that the Commissioner of Income Tax (Appeals) has passed the order under Section 250 of the Act, in our considered opinion, the appeal is clearly maintainable under clause (a) of sub-section (1) of Section 253 of the Act.

The appellant organization is only acting as custodian of employees’ funds and on mere perusal of IVth Schedule of the Act, it seems that the prov .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appeals before CIT(Appeals). - I.T.A Nos. 1766 to 1768/Del/2015, S.A. Nos. 242 to 244/Del/2015 - Dated:- 10-4-2015 - SH. G.C. GUPTA, AND SH. INTURI RAMA RAO, JJ. For The Assessee : S/sh. Pankaj Garg, Milind Garg, Gaurav Garg, Advocates. For The Department : Sh. Sanjay Prasad, CIT DR ORDER PER BENCH: The assessee i.e. the Employees Provident Fund Organization has filed the present appeals impugning the order of learned CIT(A), Noida, dated 20th March, 2015, rejecting the stay petitions. 2. The br .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cumulated balance under Rule 9, 10 of part A of Schedule IV of the I.T. Act, 1961. The assessee is held to be in default u/s 201(1) of the I.T. Act, 1961 and the total liability u/s 201(1) is ₹ 337,009,802/-, ₹ 208,717,439/- and ₹ 78,135,967/- in respect of F.Y. 2010-11, 2001-12 and 2012-13, relevant to Assessment Years 2011-12, 2012-13 and 2013-14 respectively. Further, the liability of interest u/s 201(1A) is worked out to ₹ 145,225,049/-, ₹ 66,062,332/- and ͅ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

application directing the assessee to file the stay petition before the Assessing Officer vide F. No. ADDL. CIT(TDS)/GZB/Misc./2014- 15, dated 19.03.2015. Aggrieved by this order, the present appeals were filed before this Tribunal in Form no. 36 after depositing the requisite fees praying, inter alia, that the stay of demand in question should be granted. 4. Before dealing with the merits of the appeal, it is fit and proper to adjudicate whether these appeals are maintainable at all. Therefore, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

peals)] [before the 1st day of October, 1998] or, as the case may be, a Commissioner (Appeals)] under section 154, section 250, section 271, section 271A or section 272A ; or (b) an order passed by an Assessing Officer under clause (c) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, after the 30th day of June, 1995, but before the 1st day of January, 1997 ; or [(ba) an order passed by an Asses .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

143 or section 147 [or section 153A or section 153C] in pursuance of the directions of the Dispute Resolution Panel or an order passed under Section 154 in respect of such order;] (e) an order passed by an Assessing Officer under sub-section (3) of section 143 or section 147 or section 153A or section 153C with the approval of the Commissioner as referred to in sub-section (12) of the section 144BA or an order passed under section 154 or section 155 in respect of such order. 6. Clause (a) of sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Hon ble Apex Court in the case of ITO Vs. M.K. Mohammad Kunhi, 71 ITR 815 (SC) has held that the Commissioner of Income Tax (Appeals) has inherent power to stay the demand when the appeal is pending for disposal before him. Regarding this, few other decisions are as follows: 1. Debasish Moulik Vs. DCIT, (1998) 231 ITR 737 (Cal.); 2. Maheshwari Agro Industries Vs. Union of India & Ors, (2012) 246 CTR 113 (Raj.) 3. Prem Prakash Tripathi Vs. Commissioner of Income Tax & Ors, (1994) 208 ITR .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Therefore, now the law is well settled that the first appellate authority i.e. Commissioner of Income Tax (Appeals) has power to grant stay. In exercise of this power, learned Commissioner of Income Tax (Appeals) has passed the impugned order obviously, under the provisions of Section 250 of the Act since there is no other provision of the Act under which Commissioner of Income Tax (Appeals) can pass the order. It is well settled that the order need not be an order of civil court alone, it can b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version