TMI Blog2021 (2) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... aid by the assessee before filing of the stay petitions , but then this plea is only to be noted and rejected. On the fact of it, beyond any dispute or controversy, he reference to the said requirements of pre-payment of at least 20% of the amount of tax, interest, fees or any other sum payable under the provisions of this Act apparently refers to the statutory liability and not the outstanding amount. By no stretch of logic, therefore, these requirements of first proviso to Section 254 (2A) come into play in the present case. We need not, therefore, deal with that aspect of the matter at this stage. Stay petition is allowed in the terms indicated above. - SA No.: 227/Mum/2020, ITA No.: 711/Mum/2020 (Assessment year: 2018-19) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese services are provided through the drivers who work for the assessee under a contract. It was also noted that the assessee has submitted PAN numbers of only 3,70,477 drivers out of 4,22,315 drivers working with the assessee. The Assessing Officer was of the view that for these 12% odd cases, under section 206AA, the tax deduction liability to be computed @ 20% whereas in the balance cases, the applicable tax deduction rate was 1%. It was in this backdrop that the Assessing Officer computed tax withholding liability under section 201(1) at ₹ 102,01,00,959 and interest liability under section 201(1A) at ₹ 11,83,55,112. Aggrieved, assessee carried the matter in appeal before the CIT(A) but without any success. The assessee is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demands raised on the assessee, and, therefore, it is not even necessary to deal with implications of first proviso to Section 254(2A). Learned Departmental Representative, however, has filed a written wherein it is stated that at the time of filing of stay of demand petition by the assessee, demand/ sum payable denotes total demand (including interest) as reduced by the amount already paid by the assessee before filing of the stay petitions , but then this plea is only to be noted and rejected. On the fact of it, beyond any dispute or controversy, he reference to the said requirements of pre-payment of at least 20% of the amount of tax, interest, fees or any other sum payable under the provisions of this Act apparently refers to the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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