DHL Logistics Pvt Limited, 201A, Silver Utopia, Cardinal Gracias Road, Chakala, Andheri (E), Mumbai-400059 Vs. Dy. Commissioner of Income Tax, Cir. 9(3)(1), Mumbai.
October, 12th 2015
, " "
IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI
BEFORE HON'BLE S/SHRI JOGINDER SINGH (JM), AND B.R.BASKARAN (AM)
Stay Application No.266/Mum/2015
arising out of I.T.A. No.1030/Mum/2015
( / Assessment Year : 2010-11)
DHL Logistics Pvt Limited, / Dy. Commissioner of Income Tax,
201A, Silver Utopia, Vs. Cir. 9(3)(1),
Cardinal Gracias Road, Mumbai.
Chakala, Andheri (E),
( /Appellant) .. ( / Respondent)
./ ./ PAN: AAACM6824H
/ Applicant by : Shri Madhur Agarwal
/Respondent by : Shri Samir Tekniwal
/ Date of Hearing : 9.10.2015
/Date of Pronouncement : 9.10.2015
/ O R D E R
Per B.R.BASKARAN, Accountant Member:
The assessee has filed this Stay Application, seeking extension of
stay granted by this Bench of the Tribunal in SA No.65/Mum/2015 dated
2. The ld. Counsel appearing for the assessee submitted that the
assessee has duly complied with the terms of the stay granted earlier by
paying a sum of Rupees One crore. The ld. Counsel further submitted that
the hearing of appeal could not be concluded for the reasons that the
Revenue sought time on two occasions and the Bench adjourned the
2 SA No.266/M/2015
matter on one occasion. Further, on last occasion, the case was adjourned
to 7.12.2015 in order to wait for the order of the DRP with whom the
assessee had filed a rectification application. Accordingly, the ld. AR
submitted that the hearing could not be concluded due to reasons beyond
the control of the assessee. Accordingly, the ld.AR prayed that the stay
granted by the Tribunal may kindly be extended.
3. The ld. DR did not dispute the factual aspects presented by the ld.
4. We have heard the rival contentions and perused the record.
Having regard to the submissions made by the ld. AR, we are of the view
that the stay already granted by this Bench of the Tribunal deserves
extension. Accordingly, the stay granted earlier is extended for a further
period of six months from the date of this order or till the date of disposal
of the appeal, whichever period expires earlier. We make it clear that the
assessee should not seek adjournment without a reasonable cause on the
date of hearing, failing which the present stay order is subjected to review
by the Division Bench hearing the appeal.
5. In the result, the stay application of the assessee is allowed.
The above order was pronounced in the open court on 9th Oct, 2015.
9 , Oct, 2015
( ) (..)
(JOGINDER SINGH ) (B.R.BASKARAN)
/Judicial Member /ACCOUNTANT MEMBER
Mumbai: 9th Oct, 2015.
.../ SRL , Sr. PS
3 SA No.266/M/2015
/Copy of the Order forwarded to :
1. / The Appellant
2. / The Respondent.
3. () / The CIT(A)- concerned
4. / CIT concerned
5. , , /
DR, ITAT, Mumbai concerned
6. / Guard file.
/ BY ORDER,
True copy (Asstt. Registrar)
, /ITAT, Mumbai