M/s. Gera Developments Pvt.Ltd, Pune V. Assistant Commissioner of Income-tax, Central Circle-1(3), Pune

ITA 68/PUN/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3494 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 16-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Application of stay; Extension of stay

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI S.S. VISWANETHRA RAVI, JM . / S.A. NO.68/PUN/2019 (ARISING OUT OF ITA NO.1928/PUN/2018 / ASSESSMENT YEAR : 2013-14 SRI MARUTI INFRASTRUCTURE DEVELOPERS, OFFICE NO.507, 5 TH FLOOR, LUNKAD SKYVISTA, VIMANNAGAR, PUNE 411014. PAN : ABNFS0599Q. . / APPELLANT V/S THE DY. COMMISSIONER OF INCOME TAX , CIRCLE 14, PUNE. . / RESPONDENT ASSESSEE BY : SMT. DEEPA KHARE. REVENUE BY : SHRI S.P. WALIMBE / ORDER PER ANIL CHATURVEDI, AM : THROUGH THIS STAY APPLICATION, ASSESSEE WANTS US TO EXT END THE STAY OF TAX DEMAND GRANTED ON 01.02.2019 IN SA NO.3/PUN/2019. 2. BEFORE US, LEARNED COUNSEL OF THE ASSESSEE SUBMITTED T HAT LAST STAY OF NET OUTSTANDING TAX DEMAND FOR A.Y. 2013-14 WAS INITIALLY GRANTED BY THE HON'BLE TRIBUNAL VIDE ORDER DATED 01.02.2 019 IN S.A.NO.3/PUN/2019 FOR A PERIOD OF SIX MONTHS FROM THE DA TE OF THE ORDER OR TILL THE DISPOSAL OF APPEAL, WHICHEVER IS EARLIER. SH E FURTHER / DATE OF HEARING : 29.11.2019 / DATE OF PRONOUNCEMENT: 29.11.2019 2 SUBMITTED THAT THE STAY THAT WAS GRANTED ON 01.02.2019 HAS ALREADY EXPIRED ON 31.07.2019. SHE FURTHER SUBMITTED THAT THE HEARING OF APPEAL IS NOW FIXED FOR HEARING ON 23.12.2019. SHE THER EFORE URGED THAT THE STAY GRANTED ON 01.02.2019 MAY KINDLY BE EXTE NDED FOR FURTHER PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL WHICHEVER IS EARLIER. 3. THE LEARNED D.R. ON THE OTHER HAND DID NOT CONTROVER T THE SUBMISSIONS OF LD.A.R. BUT ALSO DID NOT SERIOUSLY OBJECT TO THE PLEA OF SEEKING EXTENSION OF STAY. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN THE PRESENT CASE, IT IS SEEN THAT THERE ARE NO MATERIAL CHANGES IN THE CASE FACTS FROM THE DATE OF LAST STAY TO THE PRESENT DATE AND FURTHER ASSESSEE HAS ALREADY PAID MORE THAN 50% OF THE TOTAL DEMAND. IN SUCH A SITUATION, WE DEEM IT APPROPRIATE TO GRANT EXTENSION OF STAY OF THE OUTSTANDING TAX DEMAND. WE TH EREFORE GRANT EXTENSION OF STAY OF DEMAND OF DISPUTED TAX, GRANTED EARLIE R BY ORDER DATED 01.02.2019 FOR ANOTHER PERIOD OF THREE MONTHS OR TILL THE DISPOSAL OF APPEAL WHICHEVER IS EARLIER. 5. IN THE RESULT, THE STAY APPLICATION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED ON 29 TH DAY OF NOVEMBER, 2019. S SD/- SD/- ( S.S. VISWANETHRA RAVI) ( ANIL CHATURVEDI ) ' / JUDICIAL MEMBER #' / ACCOUNTANT MEMBER PUNE; DATED : 29 TH NOVEMBER, 2019. YAMINI 3 $%&'()(& / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5. 6. THE CIT(A)-7, PUNE. THE PR.CIT-6, PUNE. '#$ %%&' , ( &' , / DR, ITAT, A PUNE; $+,-/ GUARD FILE. / BY ORDER , // TRUE COPY // ./0%1&2 / SR. PRIVATE SECRETARY ( &', / ITAT, PUNE.