ASTRA EXIM P.LTD, MUMBAI V. ITO 9(1)(4), MUMBAI

ITA 5685/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6055 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 21-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SAIKIA
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , A M AND SHRI SANDEEP GOSAIN, JM ./ I.T.A. NO. 5685/MUM/2016 ( / ASSESSMENT YEAR: 2007 - 08) M/S. ASTRA E XIM PVT. LTD. C - WING, 4 TH FLOOR, UNIT NO. 4101, OFF. SAKI VIHAR ROAD, CHANDIVALI, ANDHERI (E), MUMBAI - 400 072 / VS. ITO - 9(1)(4), MUMBAI ./ ./ PAN/GIR NO. AADCA 9987 A ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI AKASH KUMAR / RESPONDENT BY : SHRI S. K. SAIKIA / DATE OF HEARING : 04.06.2018 / DATE OF PRONOUNCEMENT : 02.07 .2018 / O R D E R PER S HAMIM YAHYA, A. M.: T HIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 16.08.2016, PERTAINING TO THE ASSESSMENT YEAR 2007 - 08. 2. T HE GROUNDS OF APPEAL READ AS UNDER : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW, THE LD. CIT(A) ERRED IN NOT GRANTING THE STAY OF DISPUTED DEMAND OF RS.29,97,91,880/ - . 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW, THE LD. CIT(A)FAILED TO APPRECIATE THAT THE LD. CIT(A) HAVE INHERITED POWER TO GRANT THE STAY. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW, THE LD. CIT(A) ERRED IN DIRECTING TO APPROACH THE ASSESSING OFFICER FOR STAY OF DEMAND WHEN HE HIMSELF HAVE POWER TO GRANT THE STAY OF DEMAND. 2 ITA NO. 5685/MUM/2016 M/S. ASTRA EXIM PVT. LTD. 4. THE ASSESSEE CRAVES LEAVE TO ADD FURTHER GROUNDS OR TO AME ND OR ALTER THE EXISTING GROUNDS OF APPEAL ON OR BEFORE THE DATE OF HEARING. 3. A T THE OUTSET IN THIS CASE THE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT HE SHALL BE WITHDRAWING THE APPEAL. 4. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT HAVE ANY OBJ ECTION TO THIS PROPOSITION. 5 . UP ON CAREFUL CONSIDERATION , WE HAVE GRANTED PERMISSION TO WITHDRAW THE APPEAL. ACCORDINGLY THIS APPEAL IS DISMISSED AS WITHDRAWN. 6 . IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PR ONOUNCED IN THE OPEN COURT ON 02.07.2018 SD/ - SD/ - ( SANDEEP GOSAIN ) (S HAMIM YAHYA) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 02.07 . 2018 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI