CARYLE INDIA ADVISORS P.LTD, V. DCIT CIR 10(1,

MA 267/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0953 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Next Hearing Date: 06-09-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 19-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, M UMBAI BEFORE S/SHRI B.R.MITTAL,(JM) AND RAJENDRA, (AM) . . , , ' MISCELLANEOUS APPLICATION NO.267/MUM/2013 (ARISING OUT OF SA NO.187/MUM/2013 IN I.T.A. NO.7367/MUM/2012 ( &) ) / ASSESSMENT YEAR:2008-09) CARLYLE INDIA ADVISORS PVT. LTD., 1 ST FLOOR, QUADRANT, A THE IL&FS CENTRE, PLOT C-22, GBLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051 / VS. DCIT, CIRCLE 10(1), MUMBAI-400038. ./ ./PAN/GIR NO. : AABCC 4522 F ( 4 / APPLICANT) .. ( 564 / RESPONDENT) 4 / APPELLANT BY : SHRI VISHAL KALRA 564 8 /RESPONDENT BY : SHRI S.K.SINGH 8 < / DATE OF HEARING : 6.9.2013 8 < /DATE OF PRONOUNCEMENT : 6.9.2013 / O R D E R PER B.R.MITTAL, JM: THE ASSESSEE FILED THIS MISCELLANEOUS APPLICATIO N STATING THAT IN THE STAY ORDER PASSED BY THE TRIBUNAL DATED 28.6.2013 IN SA NO.187 /MUM/2013 ARISING OUT OF ITA NO.7367/MUM/2012 FOR ASSESSMENT YEAR 2008-09 AN INA DVERTENT MISTAKE HAS CREPT IN PARA 4 TO STATE THAT THE STAY GRANTED EARLIER FOR A PERIOD OF 180 DAYS OR TILL SPECIAL BENCH DECIDES THE ISSUE WHICHEVER IS EARLIER BECAU SE OF THE FACT THAT THE ASSESSEE IS NOT A PARTY BEFORE THE SPECIAL BENCH OF THE TRIBUNAL A ND THEREFORE, THE CASE OF THE ASSESSEE WILL NOT BE DISPOSED OFF BY THE ORDER OF SPECIAL BENCH. IT IS FURTHER STATED THAT THE APPEAL FILED BY THE ASSESSEE HAS ALSO OTH ER ISSUES WHICH ARE NOT THE MATTER MISCELLANEOUS APPLICATION NO.267/MUM/2013 2 BEFORE THE SPECIAL BENCH. AT THE TIME OF HEARINGS, LD. AR SUBMITTED THAT CASE OF THE ASSESSEE SHOULD NOT BE LINKED WITH SPECIAL BENCH A ND THE WORDS TILL SPECIAL BENCH DECIDES THE ISSUE BE SUBSTITUTED WITH THE WORDS TILL THE APPEAL OF THE ASSESSEE IS DECIDED. LD. AR, AT THE TIME OF HEARING, SUBMITT ED THAT IF THE ORDER OF THE SPECIAL BENCH COMES, AS PER CONTENTS OF PARA 4 OF THE SAID ORDER, STAY WILL STAND VACATED IRRESPECTIVE OF THE FACT THAT THE APPEAL OF THE ASS ESSEE, YET TO BE DECIDED. HE SUBMITTED THAT IT WILL CAUSE INJUSTICE, TO THE ASSESSEE AND THE STAY GRANTED WILL BECOME INFRUCTUOUS. LD. DR HAS NOT DISPUTED THE ABOVE FAC TS. 2. CONSIDERING THE SUBMISSIONS OF LD. REPRESENTATIV ES OF THE PARTIES AND THE STAY ORDER PASSED BY THE TRIBUNAL DATED 28.6.2013 (SUPRA ), WE AGREE WITH LD. AR THAT THE OPERATION OF THE STAY SHOULD NOT BE LINKED WITH THE DECISION OF THE SPECIAL BENCH, AS MENTIONED IN THE SAID STAY ORDER, BECAUSE, THE APP EAL OF THE ASSESSEE WILL NOT BE DECIDED AUTOMATICALLY BY THE ORDER OF SPECIAL BENCH ON THE ISSUE RELATING TO TURNOVER. THEREFORE, WE SUBSTITUTE LINE 3 TO LINE 5 OF PAR A 4 OF THE STAY ORDER DATED 28.6.2013 AS UNDER : THEREFORE, WE EXTEND THE STAY GRANTED EARLIER VIDE ORDER DATED 28.12.2012 FOR A FURTHER PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF THE APPEAL OF ASSESSEE, WHICHEVER IS EARLIER. 3. THIS ORDER BE READ ALONG WITH STAY ORDER DATED 2 8.6.2013. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSE SSEE-APPLICANT IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6TH SEPTEMBE R, 2013. 8 A B 6TH SEPTEMBER, 2013 8 SD SD ( / RAJENDRA) ( . . G6 /B.R.MITTAL) / ACCOUNTANT MEMBER & / JUDICIAL MEMBER MUMBAI; B DATED 6/09/2013 . & . ./ SRL , SR. PS MISCELLANEOUS APPLICATION NO.267/MUM/2013 3 & '( )( / COPY OF THE ORDER FORWARDED TO : 1. 4 / THE APPELLANT 2. 564 / THE RESPONDENT. 3. H ( ) / THE CIT(A)- 4. H / CIT 5. I 5&&K , < K , / DR, ITAT, MUMBAI 6. ) / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , / ITAT, MUMBAI