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« CIT vs. Orient Instrument Pvt. Ltd (Delhi High Court)... | Lubrizol Advanced Materials India Private Ltd. (Formerly... » |
Cairn India Ltd 3rd 4th Floor, Vipul Plaza, Suncity, Sector- 54, Gurgaon (Haryana)-122003 V/S Asstt Director of Income Tax, International Taxation Ahmedabad |
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December, 13th 2013 |
S.P. No.95 to 99/A/2013
1
(In ITA Nos.2680 to 2684/A/2012)
. A.Y. 2008-09
IN THE INCOME TAX APPELLATE TRIBUNAL " D " BENCH, AHMEDABAD
(BEFORE SHRI D.K. TYAGI, J.M. & SHRI ANIL CHATURVEDI, A.M.)
S.P. Nos. 95 to 99 /AHD/2013
(in ITA Nos. 2680 to 2684/AHD/2012
(Assessment Year: 2008-09)
Cairn India Ltd (Erstwhile V/S Asstt Director of Income
known as Cairn Engergy Tax, International Taxation
rd th
Gujarat BV) 3 4 Floor, Ahmedabad
Vipul Plaza, Suncity, Sector-
54, Gurgaon (Haryana)-
122003
(Appellant) (Respondent)
Appellant by : Shri C.S. Agarwal Sr. Advocate
With Pawan Kumar A.R.
Respondent by : Shri J.P. Jhangid. Sr. D.R.
( )/ORDER
Date of hearing : 06-12-2013
Date of Pronouncement : 06-12-2013
PER SHRI ANIL CHATURVEDI,A.M.
1. Through this stay petition, Assessee wants us to extent the stay granted on
14.06.2013.
2. At the time of hearing, learned counsel of the Assessee submitted that appeal
of the Assessee could not be disposed of by the Tribunal, despite the fact that
the Assessee never sought adjournment. He further submitted that all the
cases have been fixed for hearing on 30.12.2013. He therefore urged that the
stay granted on 14.06.2013 may kindly be extended for further period of six
months or disposal of appeal whichever is earlier.
2S.P. No.95 to 99/A/2013
(In ITA Nos.2680 to 2684/A/2012)
. A.Y. 2008-09
3. The learned D.R. on the other hand vehemently opposed this prayer of the
Assessee and submitted that the Department has filed an application before
the Hon'ble President ITAT requesting for transfer of case from Ahmedabad
to Delhi since the jurisdiction lies before Delhi Tribunal. He further submitted
that the Assessee be asked to furnish bank guarantee for the entire tax
demand.
4. We have heard the rival submissions and perused the material on record. In
view of the fact that there was no fault on the part of the Assessee in the
appeal being not disposed off by the Tribunal and in view of the fact that the
appeals have been fixed for hearing on 30.12.2013. We are of the view that in
consideration of the aforesaid facts, the extension of stay be granted. We
therefore grant extension of stay for another period of six months or disposal
of appeal whichever is earlier.
5. In the result, the stay petition is allowed.
Order pronounced in Open Court on 06 -12 - 2013.
Sd/- Sd/-
(D.K. TYAGI) (ANIL CHATURVEDI)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Ahmedabad. TRUE COPY
Rajesh
Copy of the Order forwarded to:-
1. The Appellant.
2. The Respondent.
3. The CIT (Appeals)
4. The CIT concerned.
5. The DR., ITAT, Ahmedabad.
6. Guard File.
By ORDER
Deputy/Asstt.Registrar
ITAT,Ahmedabad
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