2019 (5) TMI 680

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....the nature of additions made under section 201(1) and 201(1A) of the Income Tax Act,1961.The demand under section 201(1) and 201(1A) is on the issue, whether the discount extended to the prepaid distributors falls within the scope of Section 194H of the Income Tax Act,1961 or not. The assessee has relied on the various judgments and argued that the balance of convenience is in their favour. The judgments quoted below are duly perused: 1. Bharti Airtel Ltd. Vs. DCIT [2015 372 ITR 33] Karnataka High Court 2. Tata Teleservices (Maharashtra) Limited Vs ACIT, TDS-3(1) (ITA Nos. 2043 to 2045/Mum/2014) (Mumbai Tribunal) (Relied on by CIT(A) 3. Tata Sky Ltd. Vs. ACIT, Mumbai [68 ITR (T) 162] 4. Vodafone Spacetel Limited Vs A....

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....2007 25,52,959 21,87,977 47,40,936 54,23,768 2007-2008 1,90,43,851 1,47,48,856 3,37,92,707 3,52,69,123 2008-2009 1,77,59,697 1,16,92,988 2,94,52,685 2,68,90,113 2009-2010 2,44,27,842 1,32,83,873 3,77,11,715 2,56,90,687 2010-2011 2,47,54,057 59,40,974 3,06,95,031 2,31,00,000 2011-2012 3,11,49,182 94,36,942 4,05,86,124 50,00,000 2012-2013  3,35,35,931 72,03,003 4,07,38,934 1,22,21,736 TOTAL 15,32,23,519 6,44,94,613 21,77,18,132 13,39,98,711 5. Regarding the financial position of the Company and the hardship faced by the Company pertaining to the payment of tax the Ld. AR at this juncture could not provide the cash flow ....

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....eted the addition proposed by the A.O within the scope of Section 194J. Thus the factual position may be ascertained. Ld. CIT DR submitted that the A.O. has filed cross appeals today itself and it was for this specific reason that he was requesting that the appeal may be listed for hearing in July 2019 alongwith other appeals pending adjudication on a near similar issue right from 2005-06 A.Y. onwards. 9. In terms of the above we direct that; a) The assessee shall pay an amount of Rs. 60,00,000/- within seven working days from the date of this order; b) Subject to the payment being made within the stipulated date Early hearing is granted and the appeals are directed to be listed for hearing on 18/07/2019. The parties ar....