2020 (10) TMI 927

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....al is filed by the assessee in respect of demand raised by the AO under section 201(1) of the Income Tax Act, 1961 and the 2nd appeal is fled by the assessee for each of the years in respect of the demans raised by the AO under section 201(1A) of the Income Tax Act, 1961 and in this manner, there are 16 SPs for these 8 Assessment Years. The position of the outstanding disputed demand for each of these 8 years under section 201(1) and 201(1A) is as under: SP No. AY Demand u/s 201(1) Demand u/s 201(1A) Total demand 168-169/Bang/2020 2011-12 10,55,67,711 9,40,53,305 19,96,21,015 170-171/Bang/2020 2012-13 3,20,96,937 2,85,66,274 6,06,63,211 172-173/Bang/2020 2013-14 5,13,30,320 4,15,77,55....

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....in disposal of appeal is not attributable to assessee and therefore, extension of stay should be granted. In respect of remaining 4 years i.e., Assessment Year 2015-16 to Assessment Year 2018-19, he submitted that in these years also, the payment made by the assessee is more than 50% the disputed demand. He pointed out that for Assessment Year 2015-16, total disputed demand is Rs. 11,17,09,691/- including demand under section 201(1) of Rs. 7,25,38,761/- and demand under section 201(1A) of the Act of Rs. 3,91,70,931/- and for this year, the assessee had already made payment of Rs. 5,93,47,484/- and the outstanding disputed demand for this year is only Rs. 5,23,62,207/- and in this manner, the payment made by the assessee is about 53% of the ....

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....n together, the payment made by the assessee in respect of disputed demand is more than 50% and therefore, stay should be granted in respect of all these 8 years because the delay in disposal of the appeals is not attributable to the assessee. As against this, learned DR of the Revenue submitted that as per second proviso to sub-section 2A of section 254 of the Act inserted by the Finance Act, 2020 w.e.f. 01.04.2020, it is specified that the stay granted by the Tribunal should not exceed 365 days even if the Tribunal is satisfied that the delay in disposal of the appeal is not attributable to the assessee. He also submitted that in the present case, the stay was originally granted by the Tribunal on 20.03.2020 in respect of Assessment Years....

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....feel that even as per the amended provisions of this proviso, the Tribunal has to see that the assessee has made payment of at least 20% of the disputed demand including interest, fee, penalty, etc. In the present case, we have noted that in the first 4 years, it is noted by the Tribunal in the earlier SP order that the payment already made by the assessee is about 51% of the total disputed demand of tax and interest. For the remaining 4 years also, we have noted above that the payment already made by the assessee is also more than 51% and hence, we find that for these all 8 Assessment Years in respect of appeal under section 201(1) and 201(1A) of the Act, the payment already made by the assessee is exceeding 51% of the total disputed deman....