Atut Fincap Ltd., Pune V. Assistant Commissioner of Income-tax,Range-1, , Pune

SA 134/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0563 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 14-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Assessee Lawyers: RAKESH P MUTHA
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWASTHY, JM S.A. NOS.134 & 135/PUN/2018 (ARISING OUT OF ITA NOS.3042 & 3043/AHD/2013) ASSESSMENT YEAR : 2008-09 ATU T FINCAP LTD, 11, KUMAR MEADOWS, OPP. SAGAR INN HOTEL, PUNE SOLAPUR ROAD, MANJARI, PUNE. PAN : AADCA3793J . / APPLICANT V/S ACIT, RANGE - 1, PUNE. . / RESPONDENT ASSESSEE BY : SHRI RAKESH P. MUTHA REVENUE BY : SHRI M. K. VERMA / ORDER PER VIKAS AWASTHY, JM : THESE APPLICATIONS HAVE BEEN FILED BY THE ASSESSEE SEEKING EXTENSION OF STAY ON RECOVERY OF OUTSTANDING DEMAND IN THE IMPUGNED ASSESSMENT YEAR 2008-09. 2. SHRI RAKESH P. MUTHA APPEARING ON BEHALF OF THE ASSESSEE/APPLICANT SUBMITTED THAT INITIALLY STAY OF RECOVERY WAS GRANTED BY THE TRIBUNAL VIDE ORDER DATED 10.11.2017 IN SA NOS.107 & 108/PUN/2017 FOR A PERIOD OF 180 DAYS. THEREAFTER, THE STAY WAS EXTENDED BY THE TRIBUNAL VIDE ORDER DATED 18.05.2018 IN SA NOS.68 & 69/PUN/2018 FOR A FURTHER PERIOD OF 180 DAYS. THE LD. AR SUBMITTED THAT THE DELAY IN HEARING AND DISPOSAL OF THE APPEALS IS NOT ATTRIBUTABLE / DATE OF HEARING : 28.12.2018 / DATE OF PRONOUNCEMENT: 28.12.2018 2 S.A. NOS.134 & 135/PUN/2018 TO THE ASSESSEE. THE LD. AR FURTHER SUBMITTED THAT THE APPEALS ARE LISTED FOR HEARING ON 09.01.2019. 3. BOTH SIDES HEARD. THE PRESENT APPLICATIONS HAVE BEEN FILED BY THE ASSESSEE FOR SEEKING EXTENSION OF STAY ON RECOVERY OF OUTSTANDING DEMAND. THE STAY WAS EARLIER GRANTED TO THE ASSESSEE BY THE TRIBUNAL VIDE ORDER DATED 10.11.2017 (SUPRA) WHICH WAS FURTHER EXTENDED FOR A PERIOD OF 180 DAYS VIDE ORDER DATED 18.05.2018 (SUPRA). AFTER EXAMINING THE CASE FILE, IT IS EVIDENT THAT THE DELAY IN ADJUDICATION OF THE APPEALS IS NOT ATTRIBUTABLE TO THE ASSESSEE. THEREFORE, WE EXTEND THE STAY ON RECOVERY OF OUTSTANDING DEMAND FOR A PERIOD OF 90 DAYS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEALS, WHICHEVER IS EARLIER. 4. IN THE RESULT, BOTH THE APPLICATIONS OF THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON FRIDAY THE 28 TH DAY OF DECEMBER, 2018. SD/- SD/- ( ANIL CHATURVEDI ) ( VIKAS AWASTHY ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER PUNE; DATED : 28 TH DECEMBER, 2018. SUJEET / COPY OF THE ORDER FORWARDED TO : 1 . / THE APPELLANT 2. / THE RESPONDENT 3 . 4. 5. 6. THE CIT(A)-II, PUNE. THE CIT-I, PUNE. , , / DR, ITAT, A PUNE; / GUARD FILE. / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE.