DCIT CC-3(2), MUMBAI V. SONY PICTURES NETWORKS INDIA P.LTD(SUCCESSOR OF MSM DISCOVERY PRIVATE LIMITED), MUMBAI

MA 195/MUM/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3795 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2014-2015
• Appeal Filed On: 12-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYA
• Assessee Lawyers: HITEN CHANTE
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER MA NO.195/MUM/2019 (SA NO.526/M/2018) ASSESSMENT YEAR: 2014-15 DCIT CC-3(2), R.NO.1923, 19 TH FLOOR, AIR INDIA NARIMAN POINT, MUMBAI - 400021 VS. M/S. SONY PICTURES NETWORKS INDIA P. LTD., (SUCCESSOR OF MSM DISCOVERY PVT. LTD.), INTERFACE BLDG. 7, 5 TH FLOOR, MALAD LINK ROAD, MALAD(W) 400 064 PAN: AABCS 1728D (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI HITEN CHANTE, A.R. REVENUE BY : SHRI NISHANT SAMAIYA, D.R. DATE OF HEARING : 05.07.2019 DATE OF PRONOUNCEMENT : 08.08.2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: BY WAY OF THIS MISCELLANEOUS APPLICATION, THE REVE NUE SEEKS THE VACATION OF STAY GRANTED BY THE TRIBUNAL IN STAY APPLICATION NO.526/M/2018 ARISING OUT OF ITA NO.663 0/M/2018 A.Y. 2014-15 VIDE ORDER DATED 19.12.2018. 2. THE FACTS IN BRIEF ARE THAT THE STAY HAS BEEN GR ANTED FOR A PERIOD OF SIX MONTHS VIDE ORDER DATED 19.12.2018 WH ICH HAS ALREADY EXPIRED AND THE STAY HAS BEEN FURTHER EXTEN DED VIDE ORDER DATED 14.06.2019 FOR A FURTHER PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL WHICHEVER IS EARLIER. MA NO.195/MUM/2019 (SA NO.526/M/2018) M/S. SONY PICTURES NETWORKS INDIA P. LTD. 2 3. THE LD. A.R. SUBMITTED BEFORE THE BENCH THAT THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE HAS BECOME INFRUCTUOUS AS THE STAY ORDER AGAINST WHICH THE SAI D MA WAS FILED HAS EXPIRED AND NEW ORDER HAS BEEN PASSED EXT ENDING THE PERIOD BY A FURTHER SIX MONTHS AND MAY BE DISMISSED . 4. THE LD. D.R. FAIRLY AGREED TO THE CONTENTIONS OF THE LD. A.R BUT RELIED ON THE GROUNDS OF THE MISCELLANEOUS APPL ICATION. 5. AFTER HEARING BOTH THE PARTIES AND PERUSING THE MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE MA FILED BY THE REVENUE IS INFRUCTUOUS IN VIEW OF THE FACT THAT THE STAY ORDER AGAINST WHICH THE MA IS FILED STOOD EXPIRED AND THEREFORE NOT MAI NTAINABLE. ACCORDINGLY WE HEREBY DISMISS THE MA FILED BY THE R EVENUE. 6. IN RESULT THE MISCELLANEOUS BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.08.2019. SD/- SD/- (SAKTIJIT DEY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 08.08.2019. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.