Ravindra Joma Bhagat, Raigad V. Pr. Commissioner of Income-tax -2, Thane

SA 6/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0559 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 30-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JITENDRA NAHAR
• Keywords: Application of stay; Extension of stay
• Section: 6; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / SA NO . 6 /PUN/201 9 (ARISING OUT OF ITA NO . 1 246 /PUN/201 8 ) / ASSESSMENT YEAR : 20 09 - 10 RAVINDRA JOMA BHAGAT, 9, MAULI CHHAYA NO. 6, SECTOR - 19, NEW PANVEL, RAIGAD - 410206 PAN : ACQPB9592E ....... / APP LICANT / V S. THE PR. COMMISSIONER OF INCOME TAX - 2, THANE / RESPONDENT ASSESSEE BY : S /S HRI PRAMOD KUMAR PARIDA & JITENDRA NAHAR REVENUE BY : SHRI RAJESH GAWALI / DATE OF HEARING : 01 - 02 - 2019 / DATE OF PRONOUNCEMENT : 01 - 02 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS APPLICATION HAS BEEN FILED BY THE ASSESSEE SEEKING EXTENSION OF STAY OF OUTSTANDING DEMAND IN THE AFORESAID APPEAL. 2 SA NO. 6/PUN/2019, A.Y. 2009 - 10 2. SHRI PRAMOD KUMAR PARIDA ALONG WITH SHRI JITENDRA NAHAR APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE ASSESSEE HAS BEEN HEARD ON 28 - 01 - 2019. EARLIER THE STAY WAS GRANTED TO THE ASSESSEE BY THE TRIBUNAL VIDE ORDER DATED 31 - 07 - 2018 FOR A PERIOD OF 180 DAYS. THE EARLIER STAY GRANTED EXPIRED ON 28 - 01 - 2019, THEREFORE, THIS APPLICATION IS FILED FOR STAY OF RECOVERY OF OUTSTANDING DEMAND TILL THE DATE OF PRONOUNCEMENT OF ORDER BY THE TRIBUNAL. 3. SHRI RAJESH GAWALI REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT THE APPEAL OF ASSESSEE HAS BEEN HEARD ON 28 - 01 - 2019 A ND THE TRIBUNAL HAD EARLIER GRANTED STAY TO THE ASSESSEE VIED ORDER DATED 31 - 07 - 2018. 4. BOTH SIDES HEARD. THE STAY OF RECOVERY OF OUTSTANDING DEMAND EARLIER GRANTED TO THE ASSESSEE BY THE TRIBUNAL VIDE ORDER DATED 31 - 07 - 2018 IN SA NO. 78/PUN/2018 IS EXTENDED FOR A PERIOD OF 90 DAYS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF APPEAL, WHICHEVER IS EARLIER . 5 . IN THE RESULT, STAY APPLICATION FILED BY THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN OPEN COURT AFTER HEARING OF THE STAY APPLICATION ON FRIDAY, THE 1 ST DAY OF FEBRUARY, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 1 ST FEBRUARY, 2019. RK 3 SA NO. 6/PUN/2019, A.Y. 2009 - 10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 2, AURANGABAD 4. THE PR. COMMISSIONER OF INCOME TAX - 2, THANE 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE