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M/s. Mondelez India Foods P. Ltd.Mondelez House, Unit No. 2001 20th Floor, Tower-3 Parel, Mumbai 400013 Vs. Addl. CIT, Range 5(1)Mumbai
March, 23rd 2015
                IN THE INCOME TAX APPELLATE TRIBUNAL
                           "K" Bench, Mumbai

                 Before Shri Vijay Pal Rao, Judicial Member
                 and Shri N.K. Billaiya, Accountant Member

                             SA No. 104/Mum/2015
                    (Arising out of ITA No. 1492/Mum/2015)
                           (Assessment Year: 2010-11)

     M/s. Mondelez India Foods P. Ltd.             Addl. CIT, Range 5(1)
     (Formerly Cadbury India Ltd.)                 Mumbai
     Mondelez House, Unit No. 2001
     20th Floor, Tower-3 (Wing C)       Vs.
     India Bulls Finance Centre
     Parel, Mumbai 400013
                           PAN ­ AAACC04060H
                   Applicant                            Respondent

                     Applicant by:    Shri Nishant Thakkar
                     Respondent by:   Shri Vijay Kumar Bora

                     Date of Hearing:       20.03.2015
                     Date of Pronouncement: 20.03.2015

                                     ORDER

Per N.K. Billaiya, A.M.

     This stay application by the assessee is for stay of demand for A.Y.
2010-2011.




2.    Learned counsel for the assessee brought to our notice that all the issued
involved in the year under consideration are identical to the issues involved in
earlier year. Therefore, for similar reasons the demand must be stayed.

3.    Per contra, the learned D.R. stated that like in the earlier year the
assessee must be directed to pay at least 50% of the demand.

4.    Having heard the rival submissions we have carefully gone through
the record and evidences brought before us. We find that the issues involved
in the appeal under consideration are identical to the issues involved for
A.Y. 2008-09 and A.Y. 2009-10. In A.Y. 2009-10, vide our order in SA No.
103/Mum/2015, we have pointed out how the AO has recovered `23.52
                                           2                    SA No. 104/Mum/2015
                                                       M/s. Mondelez India Foods P. Ltd.





crores by attaching the bank account of the assessee in gross violation of
the principles laid down by the Hon'ble Bombay High Court. In our
considered opinion the amount, which has been unlawfully siphoned by the
Revenue Authorities, should be treated as tax paid against the demand for
A.Y. 2010-11. With these directions the demand for the year under
consideration is stayed for a period of six months or till the disposal of the
appeal, whichever is earlier. The appeal is posted for hearing on 05.05.2015.
Since both the parties are aware of the date of hearing, no notice shall be
issued.

5.        In the result, the stay application filed by the assessee is allowed.

Order pronounced in the open court on 20th March, 2015.

                    Sd/-                                      Sd/-
               (Vijay Pal Rao)                           (N.K. Billaiya)
              Judicial Member                         Accountant Member

Mumbai, Dated: 20th March, 2015

Copy to:

     1.   The Appellant
     2.   The Respondent
     3.   DRP-I, Mumbai
     4.   The CIT/DIT concerned
     5.   The DR, "K" Bench, ITAT, Mumbai
                                                          By Order

//True Copy//
                                                       Assistant Registrar
                                               ITAT, Mumbai Benches, Mumbai
n.p.

 
 
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