TaxTMI 
TaxTMI 
TaxTMI 
2015 (7) TMI 204
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....p; 68,81,311/- 2007-08 2,71,24,546/- 2008-09 5,74,61,489/- 2009-10 6,35,89,628/- 2010-11 5,81,69,952/- 2011-12 6,61,20,451/- Total 27,93,47,377/- 2. The Ld. Counsel for the assessee while explaining the case submitted that the assessee Vodafone Cellular Ltd. is a subsidiary of Vodafone India Limited and was incorporated on March 30 1995 under the Companies Act, 1956 having its registered office at 1045- 1046, Avinashi Road, Coimbatore, Tamilnadu. The assessee is inter alia engaged in providing Cellular Mobile Telephone Services (CMTS) in the telecom circles of Maharashtra & Goa (....
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....he applicability of TDS provisions. The case for FYs 2006-07 and 2007- 08 was picked up for extensive verification under section 201(1)/201(1A) of the Act. After verification of all the records, TDS order dated March 22, 2011 under section 201 (1)/ 201 (1A) of the Act was passed by the Deputy Commissioner of Income Tax (TDS), Pune ('TDS Officer') raising tax and interest demand of Rs. 5,11,54,426 against the Assessee, on account of non-deduction of tax at source on discount extended to its pre-paid distributors. Subsequently, the case for FY 2008-09 and 2009-10 was taken up for scrutiny as well and after due verification of all the records, TDS order dated March 15, 2012 under section 201(1)/ 201( 1A) of the Act was passed by the TD....
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....erring to the decision of the Hon'ble Karnataka High Court in the case of Vodafone Essar South Ltd. vide ITA No.256 to 263 of 2012 order dated 14-08-2014 he submitted that the Hon'ble High Court in the said decision has held that withholding tax provisions u/s.194H of the Act are not applicable to discount extended to prepaid distributors. 4.2 Referring to the decision of Hon'ble Karnataka High Court the Ld. Counsel for the assessee further submitted that the Hon'ble High Court has also observed that the decision of the Hon'ble High Courts in the case of Idea Cellular Ltd. reported in 325 ITR 148 (Delhi) and Vodafone Essar Cellular Ltd. reported in 332 ITR 235 (Kerala) were based on the understanding that distributors are rendering "servic....
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....ken a different view on this issue the Tribunal has granted stay on recovery of the outstanding demand for A.Yrs. 2011-12 and 2012-13. Since in the quantum proceedings stay has been granted holding that there is a prima-facie case, therefore, the penalty proceedings are in a better footing and therefore full stay should be granted to the assessee. 4.5 Referring to the decision of the Tribunal in the case of Idea Cellular Ltd. Vs. Addl.CIT vide S.A.Nos. 119 to 122/PN/2014 order dated 15-11-2015 he submitted that under identical facts and circumstances the Pune Bench of the Tribunal has granted blanket stay to the assessee by observing as under : "6. We have carefully considered the rival submissions. No doubt, in so far as the merit or oth....
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.... attention of the Bench to the following observation : "Where a strong prima facie case has been made out calling upon the assessee to deposit, would itself occasion undue hardship. Where the issue has raised a strong prima face case which requires serious consideration as in the present case, a requirement of predeposit would itself be a matter of hardship. Finally, we express our serious disapproval of the manner in which the Revenue has sought to brush aside a binding decision of this Court in the case of the assessee on the issue of a stay on enforcement for the previous year. The rule of law has an abiding value in our legal regime. No public authority, including the Revenue, can ignore the principle of precedent. Certainty in tax adm....
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....before the Tribunal. The Tribunal in assessee's own case for A.Y. 2001-12 and 2012-13 in the quantum proceedings has already granted stay holding that assessee has made out a prima-facie case for grant of stay of outstanding demand. The Pune Bench of the Tribunal in the case of Idea Cellular Ltd. under identical facts and circumstances has granted stay on realisation of demand raised u/s.271C of the I.T. Act. It is also an admitted fact that different high courts have taken different views on the applicability of provisions of section 194H of the Act to the transactions in question. While Hon'ble Karnataka High Court has decided the issue in favour of the assessee the Hon'ble Delhi High Court and Hon'ble Calcutta High Court have decided the....