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Polycom Technology (R and D), Center Private Limited, 4th floor, Block 1, Hyderabad -500081 Vs. Dy. Commissioner of Income Tax, 3(2), Mumbai.
July, 04th 2015
                    ,   "                      " 
     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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