IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: `I-1' (FRIDAY) NEW DELHI
BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER
S. A NO. 711/Del/2018
In
(ITA No. 1245/DEL/2017 ( A.Y 2012-13)
M/s Motorola Solutions India Vs Deputy Commissioner of
Private Limited,
Income Tax,
415/2, Mehrauli Gurgaon Road,
Gurgaon 122 001. Circle-2,
PAN : AAACM9343D.
Gurgaon.
(APPELLANT)
Appellant by Shri Manoneet Dalal and
Shri Vishu Goel, Advocates.
Respondent by Shri A. Sreenivasa Rao,
Senior DR.
Date of Hearing 18.10.2018
Date of Pronouncement 18.10.2018
ORDER
PER SUCHITRA KAMBLE, JM
By this stay petition, the assessee has sought for the stay of outstanding
demand of Rs.12,60,95,750/-.
2. At the time of hearing before us, the learned AR of the assessee stated
that the stay which was already granted by the ITAT vide order dated 17 th
March, 2017 whereby the Tribunal directed the assessee to pay a sum of Rs.3
crores and granted stay of the entire outstanding demand for a period of six
months. Thereafter, on 3rd October, 2017, first extension was granted and on
13th April, 2018, second extension was granted for a period of six months
which expired on 10th October, 2018. He stated that the delay in disposal of
the appeal is not attributable to the assessee as assessee has never sought for
2
adjournment. He, therefore, requested that the stay may be extended till the
disposal of the appeal.
3. Learned DR objected to grant of extension of stay of outstanding
demand.
4. We have heard the arguments of both the sides and perused relevant
material placed before us. Since the delay in disposal of the appeal is not
attributable to the assessee, we extend the stay as was granted by the ITAT for
a further period of six months or disposal of the appeal, whichever is earlier.
Both parties informed in the open Court.
5. In the result, the stay application of the assessee is allowed in above
terms.
Order pronounced in the Open Court on 18 th October, 2018.
Sd/- Sd/-
(N. K. BILLAIYA) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 18/10/2018
R. Naheed
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
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