TATA TELESERVICES LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Present writ petition has been filed challenging the orders dtd. 28/2/2022 and 14/3/2022 passed by the Respondents whereby the stay application filed by the Petitioner had been disposed of. It is pertinent to mention that the disputed demand of Rs.42,40,72,259.00 has arisen from an order dtd. 8/12/2021 passed under sec. 201(1)/201(1A) of the Income Tax Act, 1961 ("Act") wherein the Petitioner was held to be an assessee in default for failure to deduct tax at source while making interest payments to China Development Bank ("CDB").

(2.) Vide the impugned Orders dtd. 28/2/2022 and 14/3/2022, the Petitioner was granted stay till the disposal of the first appeal subject to payment twenty percent of the total demand i.e. Rs.8,48,14,452.00in accordance with the condition stipulated in Clause (B) of Office Memorandum dtd. 29/2/2016.

(3.) Learned Counsel for the Petitioner submits that the order dtd. 8/12/2021 passed under sec. 201(1)/201(1A) of the Act in itself is manifestly against the plain language of law and was passed without following the principles of natural justice. He further states that the impugned orders dtd. 28/2/2022 and 14/3/2022 do not deal with the facets of prima facie case, balance of convenience and irreparable harm or injury.