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M/s. Diageo India Pvt. Ltd.,4th Floor, Nicholas Piramal Tower,Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel Vs. DCIT, Circle-7(3), Aayakar Bhavan, M.K. Marg, Mumbai - 400020
March, 23rd 2015
               IN THE INCOME TAX APPELLATE TRIBUNAL,
                      MUMBAI BENCH "K", MUMBAI

         BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND
                SHRI SANJAY GARG, JUDICIAL MEMBER

                                SA No.17/M/2015
                      (Arising out of ITA No.7545/M/2012)
                            Assessment Year: 2008-09

        M/s. Diageo India Pvt. Ltd.,          DCIT, Circle-7(3),
        4th Floor, Nicholas Piramal           Aayakar Bhavan,
        Tower,                                M.K. Marg,
        Peninsula Corporate Park,    Vs.      Mumbai - 400020
        Ganpatrao Kadam Marg,
        Lower Parel,
        Mumbai ­ 400 013
        PAN: AAAC13378L
             (Appellant)                        (Respondent)


      Assessee by              : Shri Rajan Vora, A.R.
      Revenue by               : Shri Vivek A. Perampurna, D.R.

      Date of Hearing          : 20.03.2015
      Date of Pronouncement    : 20.03.2015

                                 ORDER


Per Sanjay Garg, Judicial Member:




      The present is an application moved by the assessee seeking extension of
stay of demand granted to the assessee vide order of the Tribunal dated
21.03.2014.   Vide the said order, the Tribunal has granted the stay of
outstanding demand.

2.    The Ld. counsel for the assessee has submitted that during the stay
period, the assessee has never sought any adjournment of the hearing. He has
further submitted that earlier the stay had been extended by the Tribunal for a
period of six months vide order dated 26.09.2014, and again stay order had
been extended for a period of three months vide order dated 16.01.2015 and
                                                                                    SA No.17/M/2015
                                              2                  (Arising out of ITA No.7545/M/2012)
                                                                            M/s. Diageo India Pvt. Ltd.






that the said period has expired on 16.03.15, hence the present application for
extension of the stay. He has submitted a chart as reproduced in para 5 of the
application to show that even after the extension of the stay vide orders dated
26.09.2014 and 16.01.2015 the matter was not adjourned due to any default on
the part of the assessee either by the Bench or on the request of the Ld. D.R.
He has further submitted that now the main appeal is fixed for 19.05.15 for
hearing.

3.       Keeping in view of the above submissions of the assessee, the stay is
extended for a further period of three months from the date of this order and
rest of the conditions of the stay order dated 21.03.2014 will remain the same.



                  Order pronounced in the open court on 20.03.2015.



         Sd/-                                                    Sd/-
    (R.C. Sharma)                                           (Sanjay Garg)
ACCOUNTANT MEMBER                                       JUDICIAL MEMBER

Mumbai, Dated: 20.03.2015
* Kishore, Sr. P.S.



Copy to: The Appellant
        The Respondent
        The CIT, Concerned, Mumbai
        The CIT (A) Concerned, Mumbai
        The DR Concerned Bench
//True Copy//                             [




                                                  By Order



                                 Dy/Asstt. Registrar, ITAT, Mumbai.

 
 
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