RAJDHANI REALCON PVT. LTD., NEW DELHI V. ITO, WARD- 21(2), NEW DELHI

ITA 854/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5406 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 05-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER STAY APPLICATION NOS.854 & 855/DEL/2019 (ITA NOS.1842/DEL/2014 & 2327/DEL/2015) ASSESSMENT YEAR: 2009-10 & 2010-11 HCL TECHNOLOGIES LTD., 806, SIDDHARTHA, 96, NEHRU PLACE, NEW DELHI. PAN: AAACH1645P VS. D CIT, CENTRAL CIRCLE-2, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ADITYA VOHRA, ADVOCATE REVENUE BY : SHRI N.K. BANSAL, SR.DR DATE OF HEARING : 16.08.2019 DATE OF PRONOUNCEMENT: 16.08.2019 ORDER PER K. NARASIMHA CHARY, JM: BY WAY OF THESE STAY PETITIONS, ASSESSEE SEEKS EXTE NSION OF STAY THAT WAS ORIGINALLY GRANTED ON 10.12.2015. OPERATION OF SUC H STAY ORDER HAS BEEN EXTENDED FROM TIME TO TIME AND LASTLY BY ORDER DATED 15.02.2 019 FOR A PERIOD OF SIX MONTHS. 2. LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT SU BSEQUENT TO THE LATEST STAY ORDER, THE MATTER UNDERWENT ADJOURNMENTS BECAUSE TH E LD. DR REQUESTED FOR THE SAME ON THE GROUND THAT A SPECIAL BENCH HAS TO BE CONSTI TUTED FOR ADJUDICATING THE TRANSFER SA NO.854 & 855/DEL/2019 2 PRICING ISSUE RELATING TO CORPORATE GUARANTEE AND S UCH A REQUEST IS PENDING CONSIDERATION. AS OF NOW, THE APPEAL STANDS POSTED TO 02.09.2019. 3. LD. DEPARTMENTAL REPRESENTATIVE DOES NOT DISPUT E ANY OF THESE FACTS. 4. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE CONVINCED THAT THE DELAY IN NON-DISPOSAL OF THE APPEAL IS NOT ATTR IBUTABLE TO THE CONDUCT OF THE ASSESSEE AND THEREFORE, THE STAY COULD BE EXTENDED FOR A FUR THER PERIOD OF SIX MONTHS SUBJECT TO THE CONDITION THAT THE ASSESSEE SHALL NOT SEEK TIME , IN THE EVENT OF WHICH THE STAY ORDER SHALL STAND CANCELLED. 5. IN THE RESULT, STAY PETITION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.08.2019. SD/- SD/- (R.K. PANDA) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMFBE R DATED: 16 TH AUGUST, 2019 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI