ASST CIT CIR 7(1)(2), MUMBAI V. LOREAL INDIA P.LTD, MUMBAI

MA 176/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2026 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2013-2014
• Appeal Filed On: 07-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 176 / M/201 9 (ARISING OUT OF S A NO. 351 /MUM/201 8 ) ( / ASSESSMENT YEAR: 201 3 - 1 4 ) ACIT CIR 7(1)(2) R. NO.130 GR FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 . / VS. LOREAL INDIA PVT. LTD. UNIT NO. 2, RAHEJA CENTRE, GR FLOOR, FREE PRESS JORNAL MARG, NARIMAN POINT, MUMBAI - 400021. / . / . PAN/GIR NO. : AAACL0738K ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 07 / 0 6 / 201 9 /DATE OF PRONOUNCEMENT: 07 /06 2019 ORDER PER AMARJIT SINGH, J M THE REVENUE HAS FILED THE PRESENT MISCELLA NEOUS APPLICATION BEARING NO.176 /M/2019 ARISING OUT OF S A. NO. 351 /M/1 8 AND ITA. NO.7194/M/2017 FOR THE A.Y. 20 1 3 - 1 4 . 2. IT IS AVERRED IN THE APPLICATION THAT IN THE CASE OF THE ASSESSEE S APPEAL BEARING ITA. NO.7194 /M/201 7 T HE HONBLE ITAT, MUMBAI HAS GRANTED THE STAY VIDE ORDER DATED 24.01.2018 WHICH WAS FURTHER EXTENDED VIDE ORDER DATED 03.08.2018 . THE HONBLE ITAT HAD GRANTED STAY MORE THAN THE PERIOD OF 365 DAYS. THE STAY WAS EXTENDED FOR THE PERIOD OF 180 DAYS OR TILL DISPOSAL OF THE APPEAL WHICH IS EARLIER. T HE STAY IS NOT REQUIRED TO BE EXTENDED MORE THAN 365 DAYS IN VIE W OF THE PROVISIONS U/S 254 OF THE ACT, THEREFORE, THE ORDER OF THE STAY IS LIABLE TO BE RECALLED/VACATED IN THE INTEREST OF JUSTICE . 3 . NOTICE GIVEN. REVENUE BY: SHRI D. G. PANSARI ( DR) ASSESSEE BY: SHRI NIMESH VORA (AR) MA 17 6 / MUM/201 9 4 . WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WE NOTICED THAT THE HONBLE ITAT HAS GRANTED THE STAY VIDE ORDER DATED 03.08.2018 FOR THE PERIOD OF 180 DAYS OR TILL DISPOSAL OF THE APPEAL WHICH IS EARLIER . THE PERIOD OF 180 DAYS HAS ALREADY BEEN EXPIRED, THEREFORE, THE STAY ORDER DATED 03.08.2018 NOWHER E REMAIN IN EXISTENCE , THEREFORE, THE PRESENT MISCELLANEOUS APPLICATION HAS BECOME INFRUCTUOUS. ACCORDINGLY, WE DISMISS ED THE M.A. OF THE REVENUE. IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS HEREBY ORDERED TO BE DISMISSED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 07 /06 / 2019 SD/ - SD / - - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 07 /06 / 2019 VIJAY COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, J , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES