2021 (2) TMI 1066

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....tri, Sr Advocate, along with Hiten Chande for the appellant Usha Gaekwad for the respondent ORDER Per Pramod Kumar, VP: 1. By way of this stay application, the assessee applicant seeks a stay on collection/recovery of the outstanding amount of tax and interest etc, aggregating to Rs. 77,84,56,072, in respect of tax withholding demands under section 201 r.w.s. 194C of the Income Tax Act....

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....see has failed in his obligations under section 194 C inasmuch what, according to the Assessing Officer, the assessee does is to provide transportation services to the app users and these services are provided through the drivers who work for the assessee under a contract. It was also noted that the assessee has submitted PAN numbers of only 3,70,477 drivers out of 4,22,315 drivers working with th....

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....standing demands for tax and interest, aggregating to 77,84,56,072. 3. We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 4. While we refrain from making any observations on merits of the case, having heard the rival contentions even on merits at considerable length, we may record our satisf....

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....% of the original demands raised on the assessee, and, therefore, it is not even necessary to deal with implications of first proviso to Section 254(2A). Learned Departmental Representative, however, has filed a written wherein it is stated that "at the time of filing of stay of demand petition by the assessee, demand/ sum payable denotes total demand (including interest) as reduced by the amount ....