South Bihar Power Distribution Co. Ltd., Patna V. ACIT, TDS Circle, Patna

SA 15/PAT/2018

• Counselvise Citation: [2015] 117 COUNSELVISE.COM (IT) 9166 (ITAT-PATNA)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 19-05-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 18-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: INDRAJIT SINGH
• Assessee Lawyers: D V PATHY
• Keywords: Application of stay; TDS
• Section: 194C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH/E-COURT AT KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) S.A. NO. 12/PAT/2018 A/O ITA NO. 297/PAT/2018 ASSESSMENT YEAR: 2014-15 S.A. NO. 13/PAT/2018 A/O ITA NO. 298/PAT/2018 ASSESSMENT YEAR: 2015-16 S.A. NO. 14/PAT/2018 A/O ITA NO. 299/PAT/2018 ASSESSMENT YEAR: 2016-17 S.A. NO. 15/PAT/2018 A/O ITA NO. 300/PAT/2018 ASSESSMENT YEAR: 2017-18 SOUTH BIHAR POWER DISTRIBUTION CO. LTD....................................APPELLANT VIDYUT BHAWAN BAILEY ROAD PATNA [PAN : AASCS 2207 G] ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE, PATNA.......................RESPONDENT APPEARANCES BY: SHRI D.V. PATHY, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI INDRAJIT SINGH, CIT, SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 15 TH , 2019 DATE OF PRONOUNCING THE ORDER : MARCH 18 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS STAY APPLICATION THE ASSESSEE SEEKS STAY OF OUTSTANDING DEMAND FOR THE IMPUGNED ASSESSMENT YEARS 2014-15, 2015-16, 2016-17, 2017-18. 2. THE ASSESSEE IS STATE PUBLIC SECTOR UNDERTAKING IN THE BUSINESS OF POWER DISTRIBUTION. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE, SUBMITTED THAT THE ASSESSEE HAS A PRIMA FACIE CASE AS AN ILLEGAL DEMAND HAS BEEN RAISED BY THE REVENUE ON THE GROUND THAT TAX DEDUCTION AT SOURCE WAS NOT MADE U/S 194C OF THE ACT ON MATERIAL/EQUIPMENTS SUPPLY PORTION OF A CONTRACT. HE SUBMITTED 90% OF THE VALUE OF THE CONTRACTS CONSIST OF SUPPLY OF INVENTORIES MATERIAL AND EQUIPMENTS AND ONLY 10% OF THE VALUE OF THE CONTRACT CAN BE ATTRIBUTED TO EXECUTION OF THE WORK. 2 S.A. NO. 12/PAT/2018 A/O ITA NO. 297/PAT/2018 ASSESSMENT YEAR: 2014-15 S.A. NO. 13/PAT/2018 A/O ITA NO. 298/PAT/2018 ASSESSMENT YEAR: 2015-16 S.A. NO. 14/PAT/2018 A/O ITA NO. 299/PAT/2018 ASSESSMENT YEAR: 2016-17 S.A. NO. 15/PAT/2018 A/O ITA NO. 300/PAT/2018 ASSESSMENT YEAR: 2017-18 SOUTH BIHAR POWER DISTRIBUTION CO. LTD 3. ON A QUERY FROM THE BENCH, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE HONBLE PATNA HIGH COURT HAS GRANTED AD-INTERIM STAY OF DEMAND FOR ALL THE ABOVE ASSESSMENT YEARS TILL THE DISPOSAL OF THE QUANTUM APPEAL BY THE TRIBUNAL. HE UNDERTOOK TO FILE A COPY OF THE ORDER OF THE HONBLE HIGH COURT, BEFORE THIS BENCH. THE LD. D/R, ON THE OTHER HAND, SUBMITTED THAT CASE MAY BE POSTED FOR EARLY HEARING AND THAT NO STAY BE GRANTED TO THE ASSESSEE. 4. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE STAY APPLICATION BEFORE US IS INFRUCTUOUS AS THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE HONBLE PATNA HIGH COURT HAS ALREADY GRANTED STAY OF COLLECTION OF TAXES, FOR ALL THE ABOVE ASSESSMENT YEARS, IN CASE OF THIS ASSESSEE. THUS, WE DO NOT ADJUDICATE THE STAY APPLICATION IN QUESTION. AS REGARDS THE HEARING OF THE CASE WE DIRECT THE REGISTRY TO POST THE CASE FOR EARLY HEARING BEFORE THE NEXT TOURING BENCH OF ITAT OR BEFORE THE E-COURT, AS THE CASE MAY BE, WHICHEVER IS EARLIER. 5. IN THE RESULT THESE STAY PETITIONS OF THE ASSESSEE ARE DISPOSED OFF. KOLKATA, THE 18 TH DAY OF MARCH, 2019. SD/- SD/- [S.S. GODARA] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 18.03.2019 {SC SPS} 3 S.A. NO. 12/PAT/2018 A/O ITA NO. 297/PAT/2018 ASSESSMENT YEAR: 2014-15 S.A. NO. 13/PAT/2018 A/O ITA NO. 298/PAT/2018 ASSESSMENT YEAR: 2015-16 S.A. NO. 14/PAT/2018 A/O ITA NO. 299/PAT/2018 ASSESSMENT YEAR: 2016-17 S.A. NO. 15/PAT/2018 A/O ITA NO. 300/PAT/2018 ASSESSMENT YEAR: 2017-18 SOUTH BIHAR POWER DISTRIBUTION CO. LTD COPY OF THE ORDER FORWARDED TO: 1. SOUTH BIHAR POWER DISTRIBUTION CO. LTD VIDYUT BHAWAN BAILEY ROAD PATNA 2. ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE, PATNA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SR. PRIVATE SECRETARY ITAT, KOLKATA BENCHES