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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

Microsoft India (R & D) Pvt. Ltd. 807, New Delhi House, Barakhamba Road New Delhi vs. DCIT Circle-16(2), C.R. Building New Delhi
January, 11th 2019
                 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. 988/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     Sh. V. P. Singh Sr. DR

                  Date of Hearing             11.01.2019
                  Date of Pronouncement       11.01.2019



                                    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 02.11.2018.
3. It is evident from the records that the assessee is not responsible for the delay in disposal of the appeal. The 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 one months from today. 4. In result, Extension of Stay Application of the assessee is allowed. Order pronounced in the Open Court on 11th January, 2019. Sd/- Sd/- (N. K. BILLAIYA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 11/01/2019 R. Naheed Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation Date on which the typed draft is placed before the 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. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 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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