PODAR EDUCATION SPORTS TRUST, MUMBAI V. DY CIT, CC-1(4), MUMBAI

ITA 66/MUM/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2799 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 28-01-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Keywords: Application of stay; Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER S.A. NO. 6 6 /MUM./2021 ( ARISING OUT OF IT A NO. 7 1 8 9 / MUM ./201 8 ) ( ASSESSMENT YEAR : 20 14 15 ) G.E. POWER INDIA LTD. UNIT NO.211 212, 2 ND FLOOR THE CAPITAL, G BLOCK, PLOT NO.C 70 BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 PAN AABCA8679F . AP PLICANT (ORIGINAL RESPONDENT) V/S DY . COMMISSIONER OF INCOME TAX CIRCLE 1(1)(2) , MUMBAI . RESPONDENT (ORIGINAL APPELLANT) ASSESSEE BY : MS. FERESHTE SETHNU A/S SHRI MRUNAL PAREKH REVENUE BY : SHRI T.S. KHALSA DATE OF HEARING 18 . 0 6 .202 1 DATE OF ORDER 18.06.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. BY WAY OF THIS STAY APPLICATION, THE ASSESSEE SEEKS GRANT OF EXTENSION OF STAY FOR THE OUTSTANDING DEMAND OF 31 , 35 , 68 , 000 , PERTAINING TO THE ASSESSMENT YEAR 20 14 15 . 2. BEFORE US, THE LEARNED COUNSEL SUBMITTED THAT THE TRIBUNAL IN THE PRESENT MATTER HAS GRANTED STAY VIDE ORDER DATED 14 TH FEBRUARY 2020 FOR A PERIOD OF 180 DAY WHICH WAS GOING TO BE VACATED ON 12 TH AUGUST 2020. HOWEVER, ON ACCOUNT OF COVID 19, THE HON'BLE JURISDICTIONAL 2 G.E. POWER INDIA LTD. HIGH COURT HAS BEEN FROM TIME TO TIME PASSED INTERIM ORDERS GRANTING / EXTENDING STAY TILL 31 ST JANUARY 20 21. THE LEARNED COUNSEL SUBMITTED THAT THE DELAY IN DISPOSAL OF THE APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, AS THE CORRESPONDING APPEAL PENDING BEFORE THE TRIBUNAL WAS EITHER ADJOURNED DUE TO NON FUNCTIONING OF THE BENCH OR THE ASSESSEE HAD SOUGHT ADJO URNMENT. ACCORDINGLY, THE LEARNED COUNSEL FOR THE AS SESSEE PRAYED FOR EXTENSION OF STAY TILL FINAL DISPOSAL OF THE CORRESPONDING APPEAL, AS THE HEARING OF THE CORRESPONDING IS STILL PENDING WITH NO FAULT ON THE PART OF THE ASSESSEE . 3. THE LEARNED DEPARTMENT AL REPRESENTATIVE ON THE OTHER HAND DID NOT OBJECT TO ANY OF THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE. 4. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IT IS BROUGHT TO OUR NOTICE THAT THE TRIBUNAL IN ASSESSEES COR RESPONDING APPEAL GRANTED STAY VIDE ORDER DATED 14 TH FEBRUARY 2020. WE NOTICE FROM THE RECORD AVAILABLE BEFORE US THAT THE ASSESSEE IS NOT AT FAULT FOR THE DELAY IN DISPOSING OFF THE CORRESPONDING APPEAL. THEREFORE, WE ARE OF THE CONSIDERED VIEW THAT THIS IS A FIT CASE FOR GRANT OF EXTENSION OF STAY IN THE FOLLOWING TERMS: I) THE BALANCE OUTSTANDING DEMAND FOR THE IMPUGNED ASSESSMENT YEAR IS HEREBY STAYED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER OR PASSING OF THE ORDER OF THE TRIBUNAL IN CORRESPONDING APPEAL FILED BY THE ASSESSEE , WHICHEVER IS EARLIER; 3 G.E. POWER INDIA LTD. II) THE ASSESSEE SHALL NOT, EXCEPT UNDER EXCEPTIONAL AND BONA FIDE CIRCUMSTANCES, SEEK ADJOURNMENT DURING THE HEARING IN OF THE CORRESPONDING APPEAL PENDING BEFORE THE TRIBUNAL. ORDERED ACCORDINGLY. 5. IN THE RESULT, STAY APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.06.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 18.06.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI