, " "
IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI
BEFORE S/SHRI A.D.JAIN (JM) AND B.R.BASKARAN (AM)
.. , .. ,
Stay Application No.193/Mum/2015
Arising out of I.T.A. No1482/Mum/2014
( / Assessment Year : 2009-10)
Polycom Technology (R and D), / Dy. Commissioner of Income Tax,
Center Private Limited, 3(2), Mumbai.
4th floor, Block 1, DLF Cyber
Vs.
City, Plot No.129-132.,
APHB, Colony, Gachiwoli,
Hyderabad -500081
( /Appellant) .. ( / Respondent)
. / . /PAN/GIR No. :AAECP3319G
/ Applicant by Shri Nikhil Tiwari
/ Assessee by Shri Pavan Kumar Beerla
/ Date of Hearing : 3.7.2015
/Date of Pronouncement: 3.7.2015
/ O R D E R
Per B.R.BASKARAN, Accountant Member:
This stay application has been filed by the assessee seeking the
extension of stay of demand, granted by the Tribunal vide its order dated
12.12.2014 passed in SA No.373/Mum/2014.
2. The ld. Counsel appearing for the assessee submitted that the
assessee was initially granted stay by the Tribunal, vide its order dated
13.6.2014, subject to the payment of Rs.50 lakhs. The assessee had
already deposited the above said amount as directed by the Tribunal.
2 SA No.193/M/2015
Since the appeal could not be disposed of before the expiry of the stay,
the assessee moved a petition for extension of the stay and the Tribunal
was pleased to extend the stay by its order dated 12.12.2014 referred
above. Since then the appeal hearing did not take for the following
reasons:-
22.12.2014 Since the bench was not functioning on the
date of hearing, the matter got adjourned to
6.1.2015
6.1.2015 Due to paucity of time the matter did not
come up for hearing and the Hon'ble Bench
members scheduled the hearing on 27.1.2015
27.1.2015 Adjourned due to conflict of interest of the
bench member, Shri I P Bansal, who does not
take any mater represented by SRBC and
Associates LLP. Accordingly, the mater has
now been adjourned for hearing on 4.3.2015
4.3.2015 Adjourned due to conflict of interest of the
bench member, Shri I P Bansal, who does not
take any matter represented by SRBC and
Associates LLP. Accordingly, the matter has
now been adjourned for hearing on 7.5.2015
7.5.2015 Since the bench was not functioning on the
date of hearing, the matter got adjourned to
1.6.2015
1.6.2015 As the Department representative sought
adjournment, the mater got adjourned for
hearing on 9.6.2015
9.6.2015 As another stay granted mater was being
heard and due to paucity of time the matter
did not come up for hearing. The Hon'ble
bench Member scheduled the hearing on
10.6.2015
10.6.2015 As a stay granted matter from the earlier day
was being heard and due to paucity of time
the matter did not come up for hearing. The
Hon'ble Bench Members scheduled the
hearing on 11.6.2015
11.6.2015 Due to paucity of time the matter did not
come up for hearing and the Hon'ble Bench
Members schedule the hearing on 4.9.2015
3 SA No.193/M/2015
Inviting our attention to the reasons for adjournment as set out in the
table above, the ld. Counsel submitted that the assessee did not seek
adjournment on any of the occasion and hence the delay in hearing and
disposal of the appeal is not attributable to the assessee. He further
submitted that the stay granted by the Tribunal has already expired on
11.6.2015 and since the appeal is still pending, he prayed that the stay
may kindly be extended.
3. We heard the ld. DR, who did not dispute the factual aspect of the
matter presented by the ld..AR.
4. From the submissions made by the ld. AR, we notice that the delay
in hearing and disposal of the appeal is not attributable to the assessee.
Since the appeal is still pending, we find merit in the request of the
assessee for extension of the stay. Accordingly, we extend the stay for a
period of six months from the date of this order or till the date of disposal
of the appeal, which ever period expires earlier. We also make it clear
that the assessee should not seek adjournment on the date fixed for
hearing without a reasonable cause, failing which the present stay order
shall be subjected to review by Division Bench hearing the appeal.
5. In the result, the stay application is allowed.
Pronounced accordingly in the open court on 3rd July, 2015.
3rd July, 2015
Sd sd
(.. , / A.D. JAIN) ( .. / B.R. BASKARAN)
/ JUDICIAL MEMBER / ACCOUNTANT MEMBER
Mumbai: 3rd July,2015.
. ../ SRL , Sr. PS
4 SA No.193/M/2015
/Copy of the Order forwarded to :
1. / The Appellant
2. / The Respondent.
3. () / The CIT(A)- concerned
4. / CIT concerned
5. , , /
DR, ITAT, Mumbai concerned
6. / Guard file.
/ BY ORDER,
True copy
(Asstt. Registrar)
, /ITAT, Mumbai
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