TERADATA INDIA PRIVATE LIMITED,HARYANA V. .ACIT CIRCLE 3(1), GURGAON

SA 348/DEL/2024

AI Insights

The case involves Teradata India Pvt. Ltd, which filed a Stay Application against the demand raised for the Assessment Year 2020-21. The demand primarily stemmed from a new issue regarding the disallowance of Professional Service Charges amounting to Rs. 46.70 lakhs. The assessee argued that a significant portion of the demand had been previously decided in their favor for earlier assessment years (2008-09 to 2018-19). The Tribunal considered the submissions from both the assessee and the revenue, noting the reduction in the TP addition following a rectification application and the agreement from the revenue for the proposed stay conditions.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 34890 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Others
• Pronouncement Date: 13-12-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2020-2021
• Appeal Filed On: 29-08-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAHIL KUMAR BANSAL
• Assessee Lawyers: S NAGESHWAR RAO; PARTH
• Keywords: Application of stay

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I”: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER SA No. 348/Del/2024 (In ITTPA No. 2/Del/2024) (Assessment Year: 2020-21) Teradata India Pvt. Ltd, 2nd Floor, 203, Vipur Business Park, Sohna Road, Sector-48, Gurgaon, South City-II, Gurgaon Vs. ACIT, Circle-3(1), Gurgaon (Appellant) (Respondent) PAN: AACCT6715A Assessee by : S/Shri Nageshwar Rao, and Parth, Advocates Revenue by: Shri Sahil Kumar Bansal, Sr. DR Date of Hearing 13/12/2024 Date of pronouncement 13/12/2024 O R D E R PER VIKAS AWASTHY, JM: 1. By virtue of this Stay Application, the assessee seeks to keep the demand raised for AY 2020-21 in abeyance. 2. Vide ordersheet dated 08.11.2024, the Bench had directed the revenue to seek instructions regarding the status of rectification application filed by the assessee before the ld AO. The ld AR before us submitted that the rectification application was disposed by the ld AO on 27.11.2024 and wherein TP addition has been reduced drastically. The ld AR also submitted that major demand arises of an issue which has been already decided in favour of the assessee by this Tribunal for AYs 2008-09 to 2018-19 in assessee’s own case. Hence, there is a prima facie case in favour of the assessee qua the said issue, however, there is new issue with regard to disallowance of Professional Service Charges SA No. 348/Del/2024 Teradata India Pvt. Ltd Page | 2 for which the corresponding demand works out to Rs. 46.70 lakhs on which the ld AR submitted that 20% thereon may be directed to be paid by the assessee. 3. The ld DR fairly agreed for the said proposal made on behalf of the assessee. 4. Considering the rival submissions, we direct the assessee to pay 20% of the demand outstanding in respect of disallowance made on account of Professional Service Charges. Accordingly, the entire demand raised for AY 2020-21 is kept in abeyance subject to assessee making payment of Rs. 9.50 lakhs on or before 31.12.2024. The demand is stayed for a period of 180 days from today or till the disposal of main appeal, whichever is earlier. The main appeal is BE listed for hearing on 30.01.2025. Both parties are informed in the open court. Paper book, if any, shall be filed well in advance to the other side. No fresh notice of hearing shall follow as parties have been informed the date of hearing in the open court. 5. In the result, the Stay Application of the assessee is disposed in the above mentioned terms. Order pronounced in the open court on 13/12/2024. -Sd/- -Sd/- (M. BALAGANESH) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13/12/2024 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi SA No. 348/Del/2024 Teradata India Pvt. Ltd Page | 3 Date of dictation Date on which the typed draft is placed before the dictating member Date on which the typed draft is placed before the other member Date on which the approved draft comes to the Sr. PS/ PS Date on which the fair order is placed before the dictating member for pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order "