Lewek Altair Shipping Private Limited, Kakinada V. ACIT, Kakinada

SA 9/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3975 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 21-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEBAKUMAR SONOWAL
• Assessee Lawyers: JITENDRA SINGH
• Keywords: Application of stay; Reasonable cause

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM , . . , BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER & SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER S .A.NO. 9 /VIZAG/ 201 8 (ARISING OUT OF I.T.A.NO.93/VIZ/2017 ( / ASSESSMENT YEAR: 20 12 - 13 ) LEWEK ALTAIR SHIPPING PRIVATE LIMITED NO.3 - 16 - 193/1 SRIVIDYA COLONY SURYARAOPET KAKINADA 533 003 [PAN :AA BCL 9766C ] VS. ADDL.COMMISSION E R OF INCOME TAX, KAKINADA ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI JITENDRA SINGH , AR / RESPONDENT BY : SHRI DEBA KUMAR SONOWAL ,DR / DATE OF H EARING : 2 2 .03.2018 / DATE OF PRONOUNCEMENT : 23 .03.2018 / O R D E R PER SHRI B.R.BASKARAN , ACCOUNTANT MEMBER : THE ASSESSEE HAS M OVED THIS STAY APPLICATION SEEKING EXTEN SION OF THE STAY GRANTED BY THE TRIBUNAL , VIDE ITS ORDER DATED 21.12.2017 PASSED 2 S.A NO .9 /VIZ/201 8 M/S LEWEK ALTAIR SHIPPING PRIVATE LIMITED, KAKINADA IN S.P.21/VIZ/2017 IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2012 - 13 . 2. THE LD.COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED THAT THE OUTSTANDING DEMAND OF 1033.97 LAKHS WAS ORIGINALLY STAYED BY THE TRIBUNAL ON 11.09.2017 FOR A PERIOD OF 90 DAYS AND THE SAME WAS EXTENDED BY THE ORDER DATED 21.12.2017 FO R ANOTHER PERIOD OF 90 DAYS. AS PER THE SECOND ORDER, THE APPEAL WAS POSTED FOR HEARING ON 07.02.2018. THE LD.COUNSEL SUBMITTED THAT THE ASSESSEE APPEARED BEFORE THE TRIBUNAL ON 07.02.2018 AND THE APPEAL WAS PARTLY HEARD AND ADJOURNED TO 28.02.2018. HOWEVER, ON 28.02.2018, THE APPEAL OF THE ASSESSEE DID NOT COME UP FOR HEARING D UE TO TIME CONSTRAINTS AND THE MATTER WAS AGAIN ADJOURNED TO 19.03.2018. HOWEVER, ON 19.03.20 18, THE TOURING BENCH HEARD THE MATTER AND IT PREFERRED TO POST THIS APPEAL BEFORE THE REGULAR BENCH AND ACCORDINGLY ADJOURNED THE MATTER TO 02.05.2018. SINCE TH E STAY ALREADY GRANTED BY THE TRIBUNAL IS EXPIRING SHORTLY, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS MOVED THIS STAY APPLICATION. T HE LD.AR SUBMITTED THAT NON DISPOSAL OF THE APPEAL WAS NOT ON ACCOUNT OF ANY FAULT OF THE ASSESSEE AND FURTHER SUBMITTED T HAT 3 S.A NO .9 /VIZ/201 8 M/S LEWEK ALTAIR SHIPPING PRIVATE LIMITED, KAKINADA THERE IS NO CHANGE IN FACTS OF THE CASE . ACCORDINGLY, HE PRAYED THAT THE STAY ALREADY GRANTED BY THE TRIBUNAL MAY BE EXTENDED. 3. THE LD.DR ON THE CONTRARY SUBMITTED THAT THE ASSESSEE HAS FILED THE APPEAL CHALLENGING THE ORDER PASSED BY THE ASSES SING OFFICER (AO) AND HENCE THE PRESENT APPEAL CONSTITUTES FIRST APPEAL OF THE ASSESSEE. HE SUBMITTED THAT AS PER CIRCULAR ISSUED BY THE CBDT, THE ASSESSEE MAY BE DIRECTED TO PAY 20% OF THE OUTSTANDING DEMAND. 4. IN THE REJOINDER, THE LD.AR SUBMITTED THAT THERE IS NO CHANGE IN FACTS SINCE THE DATE OF THE EARLIER STAY ORDER AND ACCORDINGLY CONTENDED THAT THERE IS NO REASON TO CHANGE THE TERMS AND CONDITIONS OF EARLIER STAY ORDER. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE NOTICED THAT , AFTER PASSING OF EARLIER STAY ORDER, THE APPEAL WAS POSTED FOR HEARING FROM TIME TO TIME , BUT IT WAS ADJOURNED FROM TIME TO TIME FOR REASONS STATED ABOVE. THUS, WE NOTICE THAT THERE IS NO FAULT ON THE PART OF THE ASSESSEE IN NOT DISPOSING O F THE APPEAL . 4 S.A NO .9 /VIZ/201 8 M/S LEWEK ALTAIR SHIPPING PRIVATE LIMITED, KAKINADA ACCORDINGLY, WE ARE OF THE VIEW THAT THE STAY ALREADY GRANTED BY THE TRIBUNAL DESERVES EXTENSION. ACCORDINGLY, WE EXTEND THE STAY ALREADY GRANTED BY THE TRIBUNAL FOR A PERIOD OF 90 DAYS OR TILL THE DATE OF DISPOSAL OF APPEAL WHICHEVER IS EA RLIER. THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT ON THE DATE OF HEARING WITHOUT REASONABLE CAUSE , FAILING WHICH THE PRESENT STAY ORDER SHALL BE SUBJECT TO REVIEW BY THE DIVISION BENCH HEARING THE APPEAL. 6. IN THE RESULT, THE STAY APPEAL FILED BY THE ASSE SSEE IS ALLOWED. T HE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 23 RD MAR18 . SD/ - SD/ - ( . . . ) ( . . ) ( DUVVURU R.L. REDDY ) ( B.R. BASKARAN ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 23 .03.2018 L.RAMA, SPS 5 S.A NO .9 /VIZ/201 8 M/S LEWEK ALTAIR SHIPPING PRIVATE LIMITED, KAKINADA / COPY OF THE ORDER FORWARDED TO : - 1. / THE APPELLANT LEWEK ALTAIR SHIPPING PRIVATE LTD., #3 - 16 - 193/1, SRIVIDYA COLONY, SURYARAOPET, KAKINADA - 533003 2 . / THE RESPONDENT THE ACIT, CIRCLE - 1, KAKINADA 3 . THE COMMISSIONER OF INCOME TAX, DRP - 1, BENGALURU. 4 . , , / DR, ITAT, VISAKHAPATNAM 5 . / GUARD FILE / BY OR DER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM