Mastek Limited, Ahmedabad V. The Addl.CIT.,Range-4, Ahmedabad

MA 8/AHD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6779 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 18-01-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay; Extension of stay

Judgement Text

, , . . , . . ! ! ! ! , ' ' ' ' # # # # IN THE INCOME TAX APPELLATE TRIBUNAL : A BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HONBLE SH RI A.K.GARODIA, A.M.) $$ $$ $$ $$ % % % % (M.A.) NO.08/AHD/2011 : ASSESSMENT YEAR 2006-07 (IN S.P. NO.43/AHD/2010 IN ITA NO.3120/AHD./2010) M/S. MASTEK LIMITED, AHMEDABAD ..,.. ( / APPLICANT) -VS- PAN: AAACM 99 08Q ADDL.C.I.T., TPO-1, AHMEDABAD ..( &'() / RESPONDENT) * + /APPLICANT BY : SHRI S.N.SOPARKAR, A.R. WITH SHRI JAIMIN GANDHI &'() * + / RESPONDENT BY : SHRI SAMIR TEKRIWAL, SR.D.R. ,%- * .' / DATE OF HEARING : 23/08/2011 /0 * .' / DATE OF PRONOUNCEMENT : 23/09/2011 / ORDER PER SHRI T.K. SHARMA, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE WHEREIN IT IS POINTED OUT THAT THE DEPARTMENT HAS ADJUSTED REFUND OF RS.5.90 CRORES INSTEAD OF RS.3 CRORES. THEREFORE, THE TRIBUNAL MAY ACCEPT THE PRAYER OF TH E ASSESSEE NOT TO REQUIRE THE APPLICANT TO PAY ANY FURTHER AMOUNT AND CONTINUE THE STAY GRA NTED ON THAT BASIS. 2. AT THE TIME OF HEARING OF THIS MISCELLANEOUS APP LICATION, ON BEHALF OF THE ASSESSEE, SHRI S.N.SOPARKAR APPEARED AND POINTED OUT THAT THE STAY APPLICATION FILED ON 15/06/2011 FOR EXTENSION OF STAY EXPIRING ON 10/06/2011 WAS HE ARD BY THE HONBLE BENCH ON 29.06.2011. NOW THAT THE FRESH STAY APPLICATION HAS ALREADY BEEN HEARD AND THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND THE ASSESSEE 2 M.A.NO. 08-AHD-2011 SEEKS PERMISSION OF THE HONBLE BENCH TO WITHDRAW T HE MISCELLANEOUS APPLICATION NO.08/AHD/2011 AS IT WOULD ONLY DUPLICATE THE PLEA OF GRANT OF STAY ON DEMAND. 3. ON THE OTHER HAND, THE LD. SR.D.R., APPEARING ON BEHALF OF THE REVENUE, SUBMITTED THAT HE HAS NO OBJECTION IN CASE THE PRAYER OF THE ASSESSEE IS ACCEPTED. 4. WE HAVE HEARD BOTH THE SIDES. IN VIEW OF THE PRA YER SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE AND IN VIEW OF THE STAY GRANTED, T HE ABOVE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS HEREBY DISMISSED AS WITHDR AWN. 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION FI LED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 1 * /0 %2 23 / 09 /2011 3 * - 4 THIS ORDER PRONOUNCED IN COURT ON 23/ 0 9/ 2011 . SD/- SD/- (A.K.GARODIA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER % / DATED : 23/09/2011 * ** * &.$ &.$ &.$ &.$ 6$0. 6$0. 6$0. 6$0. / COPY OF ORDER FORWARDED TO:- 1. () / APPELLANT 2. &'() / RESPONDENT 3. . ,; / CONCERNED CIT 4. ,;- / CIT (A) 5. $? &.%, , / DR, ITAT, AHMEDABAD 6. ! B1 / GUARD FILE. BY ORDER/ , C/ E TALUKDAR/SR.P.S. 3 M.A.NO. 08-AHD-2011