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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate
 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

L. G. Electronics India Pvt. Ltd. Plot No. 51, Udyog Vihar, Surajpur Kasna Road, Greater Noida, Gautam Budh Nagar Uttar Pradesh vs. Addl. CIT Room No. 317-B, 3rd Floor, C. R. Building New Delhi
November, 27th 2018
                                       1                       S.A NO. 836/Del/2018


                  IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH: `I-2' NEW DELHI

             BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER
                                      AND
                MS SUCHITRA KAMBLE, JUDICIAL MEMBER
                         S. A NO. 836/Del/2018
                                   In
                 (ITA No. 6838/DEL/2017 ( A.Y 2012-13)

     L. G. Electronics India Pvt. Ltd.  Vs      Addl. CIT
     Plot No. 51, Udyog Vihar, Surajpur         Room No. 317-B, 3rd Floor,
     Kasna Road, Greater Noida,                 C. R. Building
     Gautam Budh Nagar                          New Delhi
     Uttar Pradesh                              (RESPONDENT)
     AAACL1745Q
      (APPELLANT)

                  Appellant by      Sh. Vishal Rastogi, CA
                  Respondent by     Sh. M. K. Choudhary, CIT(A)-
                                    DR

                   Date of Hearing              26.11.2018
                   Date of Pronouncement        26.11.2018

                                     ORDER

PER SUCHITRA KAMBLE, JM

      This Extension of Stay Application is filed in respect of total outstanding
demand of Rs.162,40,94,460/-.

2.    The Ld. AR submitted that the original Stay was granted on 30/11/2017
with the direction to deposit Rs. 10 crores within stipulated time. The Ld. AR
submitted that the assessee complied the order.        The first extension was
granted on 18.05.2018. The Ld. AR submitted that the main appeal is
adjourned for hearing on 13.12.2018. There is no delay on part of the assessee
for hearing of the appeal.
                                         2                        S.A NO. 836/Del/2018







3.    It is evident from the records that the assessee is not responsible for the
delay in disposal of the appeal. Therefore, we are of the view that it is a fit case
for Extension of Stay. Therefore, we are extending the Stay for further period of
6 months or till the disposal of the appeal whichever is earlier. We would also
like to make it clear that on the fixed date of hearing of the appeal the assessee
will not seek any adjournment for any reason, if any adjournment is sought by
the assessee the Stay granted will automatically stand vacated.

4.    In result, Extension of Stay Application of the assessee is allowed.







Order pronounced in the Open Court on          26th November, 2018.

    Sd/-                                                       Sd/-
(R. K. PANDA)                                              (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER                                         JUDICIAL MEMBER


Dated:         26/11/2018
R. Naheed

Copy forwarded to:

1.                           Appellant
2.                           Respondent
3.                           CIT
4.                           CIT(Appeals)
5.                           DR: ITAT




                                                    ASSISTANT REGISTRAR
                                                       ITAT NEW DELHI
                            3                            S.A NO. 836/Del/2018




Date of dictation                                    26.11.2018

Date on which the typed draft is placed before the 26.11.2018
dictating Member

Date on which the typed draft is placed before the
Other Member

Date on which the approved draft comes to the Sr.
PS/PS

Date on which the fair order is placed before the
Dictating Member for pronouncement

Date on which the fair order comes back to the Sr. 26.11.2018
PS/PS

Date on which the final order is uploaded on the 26.11.2018
website of ITAT

Date on which the file goes to the Bench Clerk       26.11.2018

Date on which the file goes to the Head Clerk

The date on which the file goes to the Assistant
Registrar for signature on the order

Date of dispatch of the Order

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