Deputy Commissioner of Income Tax, Circle-1(2), Hyderabad V. Cambridge Technology Enterprises Limited, Hyderabad

MA 123/Hyd/2019

• Counselvise Citation: [2019] 113 COUNSELVISE.COM (IT) 6423 (ITAT-HYDERABAD)
• Duration Of Justice: 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 05-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Extension of stay
• Section: 195

Judgement Text

MA NO 123 OF 2019 CAMBRIDGE TECHNOLOGY ENTERPRISES LTD HYDERABAD. PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MA NO.123/HYD/2019 (ARISING OUT OF ITA NO.208/HYD/2018) ASSESSMENT YEAR: 2013-14 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(2) HYDERABAD VS. M/S. CAMBRIDGE TECHNOLOGY ENTERPRISES LTD HYDERABAD PAN: AAACU3358G (APPELLANT) (RESPONDENT) REVENUE BY: SRI NILANJAN DEY, DR ASSESSEE BY : SRI P. MURALI MOHANA RAO DATE OF HEARING: 15/11/2019 DATE OF PRONOUNCEMENT: 21/11/2019 ORDER PER SMT. P. MADHAVI DEVI, J.M. THIS M.A. IS FILED BY THE REVENUE AGAINST THE STAY ORDER GRANTED EARLIER BY THIS TRIBUNAL IN SA NO.172/HYD/2 019. THE GRIEVANCE OF THE REVENUE IS THAT THE STAY HAS BEEN GRANTED FOR MORE THAN 365 DAYS. WE FIND THAT THE APPEAL HAS ALR EADY BEEN HEARD ON 19.8.2018 AND FOR THIS REASON ONLY THE STA Y WAS GRANTED TILL THE FINAL ORDER OF THE APPEAL IN ITA NO.208/HY D/2018 IS PASSED. 2. THE LEARNED DR RELIED UPON THE CONTENTIONS IN TH E M.A WHILE THE LEARNED COUNSEL FOR THE ASSESSEE PLACED R ELIANCE UPON THE FOLLOWING DECISIONS TO SUBMIT THAT WHERE THE DE LAY IN MA NO 123 OF 2019 CAMBRIDGE TECHNOLOGY ENTERPRISES LTD HYDERABAD. PAGE 2 OF 3 DISPOSING OF THE APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, THE STAY CAN BE EXTENDED BEYOND 365 DAYS IN DESERVING C ASES: I) HON'BLE SUPREME COURT IN THE CASE OF DCIT VS. PE PSI FOODS P LTD (79 TAXMANN.COM 251) II) ITAT HYDERABAD IN THE CASE OF VALUES LABS LLP V S. DCIT IN SA NO.85/HYD/2018 III) HON'BLE HIGH COURT OF ALLAHABAD IN THE CASE OF ADOBE SYSTEMS INDIA P LTD VS. JCIT, 51 TAXMANN.COM 195 IV) HON'BLE HIGH COURT OF BOMBAY IN THE CASE OF CIT VS. TATA TELESERVICES (MAHARASHTRA) LTD, 81 TAXMANN.COM 348 V) ITAT MUMBAI IN THE CASE OF ACIT VS. STAR INDIA P VT LTD IN MA NO.84/MUM/2019. 3. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE M ATERIAL ON RECORD, WE FIND THAT THE HON'BLE SUPREME COURT I N THE CASE OF DCIT VS. PEPSI FOODS P LTD (79 TAXMANN.COM 251) HAS HELD THAT THE AMENDMENT INTRODUCED TO SECTION 254(2A) OF THE ACT BY WAY OF THE THIRD PROVISO IS VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND CONSEQUENTLY WHERE DELAY IN DISPOSING OF THE APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, TRIBUNAL HAS POWE R TO GRANT EXTENSION OF STAY BEYOND 365 DAYS IN DESERVING CASE S. RESPECTFULLY FOLLOWING THE SAME AND PARTICULARLY IN THIS CASE SINCE THE APPEAL HAS ALREADY BEEN HEARD AND IS ALREADY DI SPOSED VIDE ORDERS DATED 19.11.2019, THE M.A. OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, M.A FILED BY THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST NOVEMBER, 2019. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 21 ST NOVEMBER, 2019. VINODAN/SPS MA NO 123 OF 2019 CAMBRIDGE TECHNOLOGY ENTERPRISES LTD HYDERABAD. PAGE 3 OF 3 COPY TO: 1 M/S. CAMBRIDGE TECHNOLOGY ENTERPRISES LTD, UNIT N O.04-03 LEVEL-4 BLOCK 1, CYBER PEARL, HITECH CITY, MADHAPUR , HYDERABAD 500081 2 DY.CIT, CIRCLE 1(2) HYDERABAD 3 DRP-1 BENGALURU 4 PR. CIT 1 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER