2017 (12) TMI 1536

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....essment years 2009-10 to 2012-13: Asst. Year Total demand Rs. Amount paid Rs. 2009-10 101,47,23,190 50,00,00,000 2010-11 159,27,89,430 80,00,00,000 2011-12 163,39,74,680 49,01,92,404 2012-13 486,46,79,020 145,94,03,706 TOTAL 910,61,66,320 324,95,96,110 On the basis of the above, it was submitted that out of the total demand of Rs. 910,61,66,320/-in respect of the four assessment years, the petitioner had already paid the amount of Rs. 324,95,96,110/-, i.e., 36% of the total outstanding demand. 03 The Ld. AR has drawn our attention to the order passed by the Division Bench of the jurisdictional High Court in ITA....

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.... final arguments before the Appellate Tribunal and balancing the equities on both sides, the petitioner is directed to retain a balance of another 20% in Account No.00377238007 maintained with CITI Bank, M.G. Road Branch, Bengaluru-560 001. The said balance is rounded off to Rs. 26,00,00,000/- (Rupees twenty-six crore only) shall be maintained pending disposal of the appeal by the Appellate Tribunal. It is directed that the respondent shall not take further steps pursuant to order dated 15/11/2017 (Annexure-H) and notice dated 20/11/2017 till the disposal of the appeal by the Appellate Tribunal." 05. Thereafter the Ld. AR has submitted that the Hon'ble Delhi High Court in the matter of Nokia Corporation v. Director of Income tax (Interna....

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.....52358-52359/2017, dt.22.11.2017, whereby the Hon'ble jurisdictional High Court while dealing with an identical issue for the assessment year 2013-14 in ITA No.1190/Bang/2014, had directed the assessee to retain a balance of another 20% in the account No.0037238007, in addition to already paid amount of 55% of the outstanding demand. Further it was the case of the Revenue that the issue of the payment made by the assessee to Google Ireland is covered against the assessee in ITA No.1151/Bang/2013, vide order dt.23.10.2017, whereby the Tribunal held that the payment made by the assessee to Google Ireland was in the nature of royalty. 08. We have heard the rival submissions and perused the record. The Hon'ble Division Bench in ITA.879/2017 ....

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.... no. ITA. 1190/Bang/2014 (supra). We also find that Hon'ble Jurisdictional High Court has directed the assessee to maintain 20% of disputed demand as balance in the bank account of the assessee although in that year, the assessee had already made payment to the extent of 55% of the disputed demand. Therefore, it is seen that as per this judgment of Hon'ble Jurisdictional High Court, for granting stay to the present assessee, payment of 55% of disputed demand and in addition to that maintenance of 20% of disputed demand as balance in the bank account of the assessee is just & proper condition. Hence, respectfully following this judgment of Hon'ble Jurisdictional High Court, we deem it appropriate to direct the assessee to deposit a further a....