Sail Refractory Unit, Bokaro Steel City V. ITO, TDS Ward, Bokaro Steel City

SA 34/RAN/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9731 (ITAT-RANCHI)
• Duration Of Justice: 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 07-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay; Non-deduction of tax; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI E COURT AT KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI S.S. VISWANETHRA RAVI, JM] S.P. NOS. 34, 41 & 42/RAN/2019 (ARISING OUT OF ITA NOS. 346-348/RAN/2019) ASSESSMENT YEARS: 2015-16, 2016-17 & 2017-18 SAIL REFRACTORY UNIT...................................APPELLANT BHANDARIDAH, BOKARO 829132. ITO, TDS WARD BOKARO......................................RESPONDENT BOKARO. APPEARANCES BY: SHRI BHANU GIRI, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI A.K. MOHANTY, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : APRIL 02, 2019 DATE OF PRONOUNCING THE ORDER : APRIL 02, 2019 O R D E R PER P.M. JAGTAP, VICE PRESIDENT BY THESE THREE STAY PETITIONS, THE ASSESSEE IS SEEKING STAY OF THE FOLLOWING OUTSTANDING DEMAND FOR A.Y. 2015-16 RS. 1,17,348/-, FOR A.Y. 2016-17 RS. 9,62,126/- AND FOR A.Y. 2017-18 RS. 2,49,060/-, TOTAL RS. 13,28,534/-. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THE IMPUGNED OUTSTANDING DEMAND FOR ALL THE THREE YEARS UNDER CONSIDERATION HAS ARISEN AS A RESULT OF THE ORDERS PASSED BY THE AO U/S 201(1)/201(1A) OF THE ACT TREATING THE ASSESSEE AS IN DEFAULT FOR THE FAILURE TO DEDUCT TAX AT SOURCE. HE HAS CONTENDED THAT THE TAX REQUIRED TO BE DEDUCTED AS PER THE RELEVANT PROVISIONS WAS ALREADY DEDUCTED BY THE ASSESSEE AND THE SAME WAS ALSO PAID TO THE CREDIT OF THE GOVERNMENT. HE 2 S.A. NOS. 34, 41 & 42/RAN/2019 (A.Y.S 2015-16, 2016-17 & 2017-18) SAIL REFRACTORY UNIT HAS CONTENDED THAT THE ASSESSEE THUS HAS A GOOD PRIMA FACIE CASE TO SUCCEED IN ITS APPEALS FILED BEFORE THE TRIBUNAL. AS FURTHER SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE TOTAL DEMAND AS ORIGINALLY RAISED FOR ALL THE THREE YEARS UNDER CONSIDERATION WAS RS. 26,61,642/- OUT OF WHICH THE ASSESSEE HAS ALREADY PAID A SUM OF RS. 13,33,108/- WHICH IS MORE THAN 50%. KEEPING IN VIEW THESE SUBMISSIONS MADE BY THE ASSESSEE AND HAVING REGARD TO ALL THE FACTS OF THE CASE, SUCH AS PRIMA FACIE CASE OF THE ASSESSEE ON MERIT, AMOUNT ALREADY DEPOSITED BY THE ASSESSEE AGAINST THE OUTSTANDING DEMAND, FINANCIAL POSITION OF THE ASSESSEE ETC, WE ARE OF THE VIEW THAT THE BALANCE OF CONVENIENCE CLEARLY LIES IN FAVOUR OF THE ASSESSEE AND IT IS A FIT CASE TO GRANT THE STAY OF OUTSTANDING DEMAND FOR ALL THE THREE YEARS UNDER CONSIDERATION. WE ACCORDINGLY DIRECT THAT THE OUTSTANDING DEMAND FOR ALL THE THREE YEARS UNDER CONSIDERATION BE KEPT IN ABEYANCE FOR A PERIOD OF THREE YEARS OR TILL THE DISPOSAL OF THE CORRESPONDING APPEALS OF THE ASSESSEE BY THE TRIBUNAL WHICHEVER IS EARLIER. THE REGISTRY IS DIRECTED TO FIX THE SAID APPEALS FOR HEARING OUT OF TURN BEFORE THE NEXT TOURING BENCH / E-COURT. 3. IN THE RESULT, ALL THE STAY APPLICATIONS OF THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND APRIL, 2019 SD/- SD/- (S.S.VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 02/04/2019 BISWAJIT, SR. PS 3 S.A. NOS. 34, 41 & 42/RAN/2019 (A.Y.S 2015-16, 2016-17 & 2017-18) SAIL REFRACTORY UNIT COPY OF ORDER FORWARDED TO: 1. SAIL REFRACTORY UNIT, BHANDARIDAH, BOKARO 829132. 2. ITO, TDS WARD, BOKARO. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, RANCHI BENCHES