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Bharat Heavy Electrical Ltd Versus Income Tax Officer (TDS)

2015 (10) TMI 1619 - ITAT DELHI

Stay petition - 60% of demand u/s 201(1)/201(1A) for obtaining a stay of demand - Held that:- Considering the fact that the issue on merits is yet to be decided by the CIT(A) and being of the view that the findings arrived at in para 5 have not taken into consideration the relevant criteria for deciding the issue namely the existence of prima facie arguable case in favour of assessee or not; irreparable loss if any and the financial position of the assessee etc. as no reference to these settled .....

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ee a reasonable opportunity of being heard. The Ld. Sr. DR on the above view being expressed by the Bench insisted that a direction to the assessee be included mandating that the assessee should cooperate in ensuring that the hearing takes place. In the fact of the insistence of the Ld. Sr. Dr, Ld. AR, Mr. Piyush Kaushik gave an oral undertaking on behalf of his client by stating that the assessee shall fully participate in the proceedings. - Decided in favour of assessee for statistical purpose .....

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the assessee to deposit as much as 60% of demand u/s 201(1)/201(1A) for obtaining a stay of demand. 2. That on the facts and circumstances of the case and in the Law, the CIT(A) has seriously erred in not appreciating on the aspect of strong prima facie case along with the balance of convenience in assessee's favor along with the aspect of financial hardship as preciously submitted before the CIT(A). 3. That on the facts and circumstances of the case and in the Law the appellant/assessee in .....

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, the assessee thereafter filed the appeals under consideration before the CIT(A) and also as per record filed writ petition before the Hon'ble Allahabad High Court. Reference to these facts is found made in the impugned order itself. The Hon'ble High Court vide writ tax No.-199/2015 to 204/2015 on 26.03.2015 in the recovery proceedings directed the Appellate Authority to endeavour to decide the interim stay application alongwith appeal preferably within 10 days from the date of receipt .....

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be decided. It is also observed that the appellant while keeping in view the issue as involved, has already made a payment of ₹ 70,00,000/-. Moreover, the interest component which is worked out by the AO is a necessary charge once an assessee is held to be an assessee in default, therefore that cannot be considered for stay. The Hon'ble Allahabad High Court in the case of Jagran Prakashan Ltd. in Writ tax No.56 of 2015 dated 29.01.2015 has asked the assessee in the case before it to pa .....

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70,00,000/- the assessee appellant is asked to pay the remaining balance in six equal installments to be paid starting from April 22th 2015 and payable on or before 22th of every month. The assessee is also directed to deposit the first installments starting from the first financial year i.e 2009-10 and thereafter in the same order for the following financial year and so on. It is further laid down that in case of any default in making payment of demand by the appellant as directed above, the a .....

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