Google India Private Limited Vs. DCIT (Karnataka High Court)
HC held that granting of any interim order in these writ petitions and keeping the writ petitions pending before this Court would not serve any purpose particularly, when the matter is set down for final arguments before the Appellate Tribunal tomorrow (23/11/2017). In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.
It is noted that the demand is about Rs. 129,00,00,000/- (Rupees one hundred and twenty nine crore only). It is an admitted fact that a sum of Rs. 70,00,00,000/- (Rupees seventy crore only) is deposited by the petitioner which amounts to about 55% of the outstanding demand. In order to further protect the interest of the revenue and keeping in mind the fact that the appeal is slated for 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. 0037238007 maintained with CITI Bank, M.G.Road Branch, Bengaluru- 560001. 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.
