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Microsoft India (R & D) Pvt. Ltd. 807, New Delhi House, Barakhamba Road New Delhi vs DCIT Circle-16(2), C.R. Building New Delhi
November, 02nd 2018
                                      1                      S. A No. 754/Del/2018



                 IN THE INCOME TAX APPELLATE TRIBUNAL
                   DELHI BENCH: `E' (FRIDAY) NEW DELHI

                BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
                                       AND
                  MS SUCHITRA KAMBLE, JUDICIAL MEMBER
                          S. A NO. 754/Del/2018
                                    In
                     (ITA No. 507/DEL/2017 ( A.Y 2012-13)

     Microsoft India (R & D) Pvt. Ltd.   Vs   DCIT
     807,     New      Delhi      House,      Circle-16(2), C.R. Building
     Barakhamba Road                          New Delhi
     New Delhi
     AABCM6358F                               (RESPONDENT)
      (APPELLANT)


                 Appellant by      Sh. Nageshwar Rao, Adv &
                                   Sh. Shatanik , CA
                 Respondent by     Ms. Naina Soin. Kapil Sr. DR

                  Date of Hearing             02.11.2018
                  Date of Pronouncement       02.11.2018



                                    ORDER

PER SUCHITRA KAMBLE, JM

            This Extension of Stay Application is filed in respect of total
outstanding demand of Rs.99,75,91,720/-.

2.    The Ld. AR submitted that the original Stay was granted on 24.07.2017
for a period of six months as the assessee has already given bank guarantee of
Rs. 151.59 crore to the Revenue Department under MAP. The Ld. AR submitted
that the appeal is finally heard on 24.10.2018 and order is awaited. The first
extension of Stay was granted on 16.10.2017 and the last extension was
granted on 04.05.2018 which expired on 26.10.2018.
                                           2                       S. A No. 754/Del/2018







3.       It is evident from the records that the assessee is not responsible for the
delay in disposal of the appeal. Te appeal is also heard on 24.10.2018 and the
order is awaited. Therefore, we are of the view that it is a fit case for Extension
of Stay and we are extending the Stay for further period of two months from
today.

4.       In result, Extension of Stay Application of the assessee is allowed.
Order pronounced in the Open Court on             02nd   November , 2018.


     Sd/-                                                        Sd/-

(N. K. BILLAIYA)                                          (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER                                          JUDICIAL MEMBER


Dated:           02/11/2018
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. 754/Del/2018


Date of dictation                                    02.11.2018

Date on which the typed draft is placed before the 02.11.2018
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. 02.11.2018
PS/PS

Date on which the final order is uploaded on the 02.11.2018
website of ITAT

Date on which the file goes to the Bench Clerk       02.11.2018

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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