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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

M/s. Z.V. Steels Pvt. Ltd. Gokul GM 1-A 80-A, Baroda Street Mumbai- 400 009 Vs. DCIT Cir- 7(3) Mumbai
December, 30th 2014
                 IN THE INCOME TAX APPELLATE TRIBUNAL,
                       MUMBAI BENCH "G", MUMBAI
           BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND
                SHRI SANJAY GARG, JUDICIAL MEMBER
                           S.A. No. 383 Mum/2014
                  (Arising Out of ITA No. 6091/Mum/2014)
                          Assessment Year: 2008-09
             M/s. Z.V. Steels Pvt. Ltd.               DCIT Cir- 7(3)
             Gokul GM 1-A 80-A, Baroda Street     Vs. Mumbai
             Mumbai- 400 009
             PAN:AAACZ 0915 C
                   (Appellant)                       (Respondent)


                           S.A. No. 384 Mum/2014
                  (Arising Out of ITA No. 6092/Mum/2014)
                          Assessment Year: 2009-10
             M/s. Z.V. Steels Pvt. Ltd.               DCIT Cir- 7(3)
             Gokul GM 1-A 80-A, Baroda Street     Vs. Mumbai
             Mumbai- 400 009
             PAN:AAACZ 0915 C
                   (Appellant)                       (Respondent)

                          Assessee by     :   Shri Deeak Tralshawala
                           Revenue by     :   Shri Asghar Jain
                      Date of hearing  : 26.12.2014
                 Date of Pronouncement : 26.12.2014


                                     ORDER
PER SANJAY GARG, JM:


      The aforesaid two separate applications have been moved by the assessee
seeking stay of demand of Rs.59,66,784/- relevant for the A.Y. 2008-09 and
Rs.1,86,50,991/- for A.Y. 2009-10. The Ld. AR of the assessee has submitted that
the recovery of the above amount be stayed whereas the Ld. DR has submitted that
the assessee may be asked to deposit at least 50% of the demand. At this stage the
Ld. AR of the assessee has stressed on his alternative plea of earlier hearing of the
matter.





                                                                                              S.A. No. 383 Mum/2014
                                                 2                                            S.A. No. 384 Mum/2014
                                                                                                M/s. Z.V. Steels Pvt. Ltd.
                                                                            (Arising Out of ITA No. 6091/Mum/2014)
                                                                            (Arising Out of ITA No. 6092/Mum/2014)
                                                                                  Assessment Year: 2008-09, 2009-10




2.      In view of the submissions of the Ld. AR the plea regarding stay of the
recovery of the demand in question is rejected however, the alternative plea of
earlier hearing is allowed. The matter/corresponding appeal is ordered to be fixed
for hearing on 13th January, 2015 . The date of hearing informed in the open court,
no separate notice will be sent to the parties. Copy of this order be placed on appeal
file also.
                                                  0









 Order pronounced in the open court on this 26th day of December, 2014.
                 Sd/-                                                       Sd/-
        (RAJENDRA)                                                  (SANJAY GARG)
      ACCOUNTANT MEMBER                                            JUDICIAL MEMBER
Mumbai, Dated:   26.12.2014
*Srivastava
Copy to: The   Appellant
         The   Respondent
         The   CIT, Concerned, Mumbai
         The   CIT(A) Concerned, Mumbai
         The   DR "G" Bench
                                          //True Copy//
                                                              By Order

                                                Dy/Asstt. Registrar, ITAT, Mumbai.

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