M/s Pumarth Infrastructure Pvt. Ltd. Indore, Indore V. ACIT (Central)-1, Indore

SA 60/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0435 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 20 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: 05-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R P MOURYA
• Keywords: Application of stay
• Section: 234B

Judgement Text

PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 60 TO 64/IND/2018 1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER S.A. NOS. 60 TO 64/IND/2018 ARISING OUT OF I.T.A. NO. 175,468, 177,178 & 176/IN D/2017 ASSESSMENT YEARS: 2009-10, 2013-14, 2011-12,2012-13 , 2010-11 M/S.PUMARTH INFRASTRUCTURE :: APPLICANT PVT.LTD., INDORE. VS. ASSISTANT COMMISSIONER OF :: RESPONDENT INCOME TAX, CENTRAL (1), INDORE. PAN: AACCM09001H APPLICANT BY : SHRI GAGAN TIWAR I , ADV RESPONDENT BY : SHRI R.P. MOURYA , SR.DR DATE OF HEARING 12 . 11 .2018 DATE OF PRONOUNCEMENT : 12.11 .2018 O R D E R PER MANISH BORAD, A.M. THIS APPLICATIONS ARE FILED BY THE ASSESSEE SEEKING STAY OF THE DEMAND OF RS. 50,08,240/-, RS. 2,46,44,890/-, RS.25 ,32,100/-, RS.7,65,10,779/- & RS.2,40,51,370/- & RS., FOR THE ASSESSMENT YEARS 2009-10 TO 2013-14 RESPECTIVELY INCLUDING INT EREST U/S 234B & 234C. PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 60 TO 64/IND/2018 2 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASS ESSEE AS PER ORDERS OF HON'BLE TRIBUNAL VIDE ORDER NO.SA 41 TO 4 5/IND/2018 DATED 20.08.2018 WAS GRANTED STAY OF DEMAND FOR 90 DAYS OR DISPOSAL OF APPEAL WHICHEVER IS EARLIER. LD. COUNSE L FOR THE ASSESSEE FURTHER SUBMITTED THAT THE MATTER COULD NOT BE DISP OSED OFF WITHIN THE STIPULATED PERIOD OF 90 DAYS AS THE MATTER WAS FIXED FOR HEARING ON 31.10.2018 AND WAS ADJOURNED TO 04.12.2018 ON TH E REQUEST OF REVENUE. THE ASSESSEE HAS NOW SOUGHT EXTENSION OF THE ABOVE STAY DEMAND TILL THE DISPOSAL OF CASE BY THE TRIBUNAL. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE OPPOSED THE REQUEST BUT COULD NOT CONTROVERT THE ABOVE SUBM ISSION. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORDS PLACED BEFORE US. WE FIND THAT THE PRESENT STAY APP LICATIONS ARE FOR THE EXTENSION OF THE STAY ALREADY GRANTED BY US VID E ORDER DATED 20.08.2018. CONSIDERING THE RIVAL SUBMISSIONS, WE A RE OF THE CONSIDERED VIEW THAT THE PRESENT STAY APPLICATIONS DESERVE TO BE ALLOWED. WE THEREFORE GRANT THE FURTHER STAY OF 60 DAYS FROM THE DATE OF THIS ORDER OR BEFORE THE DISPOSAL OF APPEAL S WHICHEVER EVENT OCCURS EARLIER, SUBJECT TO THE SAME CONDITIONS AS M ENTIONED IN OUR EARLIER STAY ORDER DATED 20.08.18. PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 60 TO 64/IND/2018 3 5. THE STAY APPLICATIONS ARE DISPOSED OFF ACCORDING LY SUBJECT TO CONDITIONS HEREINABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 12.11.2 018. SD/- SD/- (KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOU NTANT MEMBER INDORE: 12 TH NOVEMBER, 2018 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT.REGISTRAR, I.T.A.T., INDORE .