Cummins Inc., Pune V. Deputy Director of Income-tax ,-1, Pune

SA 9/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0566 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MILIND R CHAVARE
• Keywords: Application of stay; Extension of stay

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM . / S.A. NO.9/PUN/2019 (ARISING OUT OF ITA NO.2506/PUN/2012) / ASSESSMENT YEAR : 2008-09 CUMMINS INC, 5 TH FLOOR, C/O. CUMMINS INDIA OFFICE, CAMPUS, SURVEY NO.21, BALEWADI, PUNE 411 045. PAN : AABCC6225D. . / APPELLANT V/S THE DY. DIRECTOR OF INCOME TAX, (IT) 1, PUNE. . / RESPONDENT ASSESSEE BY : SHRI RAJENDRA AGIWAL. REVENUE BY : SHRI MILIND R. CHAVARE. / ORDER PER ANIL CHATURVEDI, AM : THROUGH THIS STAY PETITION, ASSESSEE WANTS US TO EXTEN D THE STAY OF TAX DEMAND GRANTED ON 31.08.2018 IN SA NO.75/PUN/2018 . 2. BEFORE US, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTE D THAT STAY OF OUTSTANDING TAX DEMAND OF RS.5,80,75,383/-, WHICH IN CLUDES INTEREST OF RS.4,28,41,052/- FOR A.Y 2008-09 WAS GRANTED B Y THE HON'BLE TRIBUNAL VIDE ORDER DATED 31.08.2018 (S.A.NO.75/PUN/2018) SUBJECT TO DEPOSIT OF RS.25 LACS AGA INST THE OUTSTANDING TAX DEMAND BY 07.09.2018 AND STAYED THE BA LANCE OUTSTANDING DEMAND FOR A PERIOD OF 180 DAYS OR TILL THE D ISPOSAL OF / DATE OF HEARING : 22.02.2019 / DATE OF PRONOUNCEMENT: 22.02.2019 2 APPEAL, WHICHEVER IS EARLIER. HE SUBMITTED THAT THE STAY THAT WAS GRANTED ON 31.08.2018 EXPIRED ON 27.02.2019 AND THAT AS SESSEE HAS COMPLIED WITH THE DIRECTIONS OF THE TRIBUNAL AND DEPOSITED RS.25 LAKHS. HE POINTED TO THE COPY OF CHALLANS PLACED IN APPEA L MEMO. HE FURTHER SUBMITTED THAT TILL DATE ASSESSEE HAS NEVER S OUGHT ANY ADJOURNMENT AND HAS MADE NECESSARY EFFORTS TO GET TH E APPEALS DISPOSED OF AT THE EARLIEST. HE FURTHER SUBMITTED THAT T HE APPEAL COULD NOT BE HEARD SINCE THE APPEALS FOR LEAD YEARS I.E., A.Y. 2004-05 & 2006-07 WERE PENDING FOR DISPOSAL. HE SUBMITTED THAT THE APPEALS FOR THE LEAD YEARS ARE FIXED FOR HEARING ON 03.04 .2019. HE THEREFORE SUBMITTED THAT THE DELAY IN DISPOSING OF APPEAL COULD NOT BE ATTRIBUTABLE TO THE ASSESSEE AND ACCORDINGLY PRAYED THAT THE STAY GRANTED ON 31.08.2018 MAY KINDLY BE EXTENDED FOR FURTHE R PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL WHICHEVER IS EARLIER. 3. THE LEARNED D.R. ON THE OTHER HAND VEHEMENTLY OPPOS ED THIS PRAYER OF THE ASSESSEE. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN THE PRESENT CASE, IT IS SEEN THAT THE H EARING OF THE APPEAL COULD NOT TAKE PLACE THOUGH ASSESSEE HAD NOT SO UGHT ADJOURNMENT AND FURTHER ASSESSEE HAS ALSO COMPLIED WIT H THE CONDITION IMPOSED BY THE CO-ORDINATE BENCH OF THE TRIBUNA L VIDE ORDER DT.31.08.2018 OF DEPOSITING OF RS.25,00,000/- AGAINST T HE TAX DEMAND. FURTHER, AGAINST THE TOTAL TAX DEMAND OF RS.14 .11 CRORES (COMPRISING OF TAX OF RS.9.83 CRORE AND INTEREST OF RS.4.28 CR ORE), ASSESSEE HAS ALREADY PAID RS.8.31 CRORE. IN SUCH A SITU ATION, WE ARE OF THE VIEW THAT WHEN THERE IS NO FAULT ON THE PART OF T HE ASSESSEE IN THE APPEAL BEING NOT DISPOSED OFF BY THE TRIBUNAL, THE ASS ESSEE DESERVES AN EXTENSION OF STAY. WE THEREFORE GRANT EXTE NSION OF STAY 3 OF DEMAND OF DISPUTED TAX, GRANTED BY EARLIER ORDER DATED 31.08.2018 FOR ANOTHER PERIOD OF SIX MONTHS OR TILL THE DISP OSAL OF APPEAL WHICHEVER IS EARLIER. 5. IN THE RESULT, THE STAY APPLICATION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED ON 22 ND DAY OF FEBRUARY, 2019. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) ( ANIL CHATURVEDI ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 22 ND FEBRUARY, 2019. YAMINI !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4 5. 6. THE DRP, PUNE. THE DIT (IT)-I, PUNE. '#$ %%&',) &', / DR, ITAT, B PUNE; $*+,/ GUARD FILE. / BY ORDER // TRUE COPY // -./%0&1 / SR. PRIVATE SECRETARY ) &', / ITAT, PUNE.