SHRI MANISH PAGARIYA, Ujjain V. THE ITO 1(2), Ujjain

ITA 580/IND/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5787 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 27-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAJEEV VARSHANEY
• Assessee Lawyers: DARPAN KRIPLANI ADVS; SURESH TOLANI
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI D.T.GARASIA, HON'BLE JUDICIAL MEMBER AN D SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER S.A.NO. 11/IND/2016 (ARISING OUT OF ITA NO. 157/IND /2015) (ASST. YEAR : 2010-11) ANDRITZ HYDRO PRIVATE LIMITED, (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED, MANDIDEEP VS. DCIT, 1(1), BHOPAL PAN NO. AABCY2466R (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI SURESH TOLANI AND SHRI DARPAN KRIPLANI, ADVS. DEPARTMENT BY : SH. RAJEEV VARSHANEY, CIT DR DATE OF HEARING : 08/07/2016. DATE OF PRONOUNCEMENT : 08/07/2016. O R D E R PER N.S.SAINI, ACCOUNTANT MEMBER IN THE APPEAL IN I.T.A.NO. 157/IND/2015 FOR ASSESS MENT YEAR 2010-11, THE STAY WAS ORIGINALLY GRANTED BY THIS TR IBUNAL VIDE ITS ORDER DATED 10.04.2015 IN S.P.NO.5/IND/2015, FOR A PERIOD OF 180 DAYS OR TILL THE FINALIZATION OF THE APPEAL, WHICHEVER WAS EARLI ER. THEREAFTER, THE STAY WAS EXTENDED BY THIS BENCH OF THE TRIBUNAL ON 7.10.2015 TILL 2 S.A.NO.11/IND/2016 ANDRITZ HYDRO P.LTD. 1.12.2015. STILL FURTHER ON 01.12.2015, THE STAY WA S FURTHER EXTENDED BY THIS TRIBUNAL TILL 22 ND DECEMBER, 2015. 2. TODAY, THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS SOUGHT ADJOURNMENT OF HEARING OF THE APPEAL TO 07.0 9.2016 AND ALSO FOR EXTENSION OF THE STAY. 3. THE TRIBUNAL WHILE GRANTING THE EARLIER STAY HAS HELD AS UNDER :- 4. WE HAVE HEARD BOTH THE SIDES. CONSIDERING THE LI TIGATION POSITION WITH REGARD TO THE ISSUES ON WHICH ADDITIO N WAS MADE, WE FIND THAT THERE IS PRIMA FACIE CASE IN FAVOUR OF TH E ASSESSEE FOR GRANTING STAY TO THE ASSESSEE. THE DEMAND IS STAYED FOR 180 DAYS OR TILL THE FINALIZATION OF THE APPEAL, WHICHEVER I S EARLIER. ASSESSEE SHALL NOT SEEK ADJOURNMENTS AND IF THE ASSESSEE SEE KS ADJOURNMENTS THEN THE BENCH WILL BE AT LIBERTY TO V ACATE THE STAY. 4. THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSE E SUBMITTED THAT THE ASSESSEE HAS NOT SOUGHT ANY ADJOURNMENT OF THE HEARING AND THAT THE HEARING COULD NOT BE COMPLETED ON THE VARIOUS D ATES FIXED FOR HEARING. HENCE, HE PRAYED THAT THE STAY MAY BE EXTE NDED TILL DISPOSAL OF THE APPEAL. 5. WE FIND THAT THE ARGUMENTS OF THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE CONVINCING AND GRANT STAY OF DEMAND IN THE PRESENT APPEAL FILED BEFORE US FOR A FURTHER PERIOD OF 180 DAYS OR TILL THE FINALIZATION OF THE APPEAL WHICHEVER IS EARLIER IN TERMS OF THE DIRECTIONS 3 S.A.NO.11/IND/2016 ANDRITZ HYDRO P.LTD. GIVEN IN S.P. NO.5/IND/2015 DATED 10.04.2015. THUS, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED. 6. STAY APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON FRIDAY , THE 8 TH DAY OF JULY, 2016 AT INDORE. SD/- SD/- (D.T.GARASIA) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 8 TH JULY, 2016. CPU COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., INDORE 4 S.A.NO.11/IND/2016 ANDRITZ HYDRO P.LTD.