RPL Development P LTD, Indore V. ITO 4(2), Indore

SA 53/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0386 (ITAT-INDORE)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 19-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MITRA
• Assessee Lawyers: M D KABRA
• Keywords: Application of stay; Extension of stay

Judgement Text

SP 53 OF 2018 RPL DEVELOPMENT 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER STAY APPLICATION NO. 53/IND/2018 (ARISING OUT OF I.T.A.NO. 188/IND/2018) ASSESSMENT YEAR: 2009-10 RPL DEVELOPMENT PVT. LTD., INDORE / VS. ITO - 4(1), INDORE (APPLICANT ) (RESPONDENT ) P.A. NO. AADCR 7721 F APPLICANT BY SHRI M.D. KABRA, ADVOCATE RESPONDENT BY SHRI P.K. MITRA ,, SR. DR DATE OF HEARING: 25.9.2018 DATE OF PRONOUNCEMENT: 25.9.2018 / O R D E R PER KUL BHARAT, J.M: THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING E XTENSION OF STAY OF THE DEMAND OF RS.87,86,910/-. SP 53 OF 2018 RPL DEVELOPMENT 2 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TRIBUNAL HAD, VIDE ORDER DATED 23.3.2018, GRANTED THE STAY FOR A PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF APPEAL, WHICHEVER IS E ARLIER. HOWEVER, THE RELEVANT APPEAL I.E. ITA NO.188/IND/2018 COULD NOT BE DISPOSED OF AS THE SAME WAS NOT FIXED SO FAR. THE ASSESSEE HAS COMPLIED WITH THE DIRECTIONS OF THE TRIBUNAL AS ISSUED VIDE THE A FORESAID EARLIER ORDER, THEREFORE, AN EXTENSION OF STAY MAY BE GRANT ED AND RELEVANT OF THE APPEAL OF THE ASSESSEE MAY ALSO BE TAKEN UP FOR HEARING AT AN EARLY DATE. 3. THE LD. DEPARTMENTAL REPRESENTATIVE OPPOSED THE SUBMISSIONS. 4. CONSIDERING THE RIVAL CONTENTIONS & MATERIAL PLA CED ON RECORD, WE DEEM IT PROPER AND IN THE INTEREST OF JUSTICE TO STAY THE IMPUGNED TAX DEMAND FOR A PERIOD OF 180 DAYS OR TIL L THE DISPOSAL OF APPEAL, WHICHEVER IS EARLIER. WE FURTHER DEEM IT AP PROPRIATE THAT THE REGISTRY WOULD FIX THE APPEAL I.E. I.T.A.NO. 188/IN D/2018 FOR HEARING ON 11.12.2018, FOR WHICH, NO SEPARATE NOTIC E SHALL BE ISSUED AS THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES. SP 53 OF 2018 RPL DEVELOPMENT 3 5. THE STAY APPLICATION IS DISPOSED OF IN THE TERMS INDICATED ABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 25.9.2018 . SD/- (MANISH BORAD) SD/- (KUL BHARAT) ACCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 25/09/2018 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE