Vishay Components India Pvt. Ltd. v. The Asst. Commissioner of Income-tax, Circle – 7, Pune
[Citation -2016-LL-0916-132]

Citation 2016-LL-0916-132
Appellant Name Vishay Components India Pvt. Ltd.
Respondent Name The Asst. Commissioner of Income-tax, Circle – 7, Pune
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 16/09/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags outstanding demand
Bot Summary: Commissioner of Income Tax , Circle 7, Pune Respondent Applicant by : Shri Pramod N. Jadhav Respondent by : Shri P.L. Kureel Date of Hearing : 16.09.2016 Date of Pronouncement: 16.09.2016 ORDER PER SUSHMA CHOWLA, JM: The captioned Stay Application has been preferred by the applicant seeking extension of stay of the demand relating to assessment year 2008-09. The learned Authorized Representative for the applicant pointed out that initially the recovery of the demand had been stayed by the Tribunal in SA Nos.49 and 50/PN/2014, vide order dated 15.07.2014 subject to payment of 2 SA No.74/PN/2016 Arising out of ITA No. 341/PN/2013 Rs.1 crore in two equal instalments. The learned Authorized Representative for the applicant placed reliance on various judicial precedents for extension of stay beyond 365 days, including the ratio laid down by the Hon ble Bombay High Court in CIT Vs. Ronuk Industries Ltd. reported in 333 ITR 99. The learned Authorized Representative for the applicant further pointed out that the appeal of the applicant could not be disposed of, as the earlier years appeals were pending for disposal. Extension of stay on the recovery of the demand was sought by the learned Authorized Representative for the applicant. The applicant has already deposited Rs.1 crore as directed in the earlier stay order. Accordingly, the stay application moved by the applicant is disposed of.


IN INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM S.A. No.74/PN/2016 Arising out of ITA No. 341/PN/2013 Assessment Year: 2008-09 Vishay Components India Pvt. Ltd., Loni-Kalbhor, Near Pune (C. Rly.) Pune 412201 Applicant PAN: AA ACB9652L Vs. Asst. Commissioner of Income Tax , Circle 7, Pune Respondent Applicant by : Shri Pramod N. Jadhav Respondent by : Shri P.L. Kureel Date of Hearing : 16.09.2016 Date of Pronouncement: 16.09.2016 ORDER PER SUSHMA CHOWLA, JM: captioned Stay Application has been preferred by applicant seeking extension of stay of demand relating to assessment year 2008-09. 2. learned Authorized Representative for applicant pointed out that initially recovery of demand had been stayed by Tribunal in SA Nos.49 and 50/PN/2014, vide order dated 15.07.2014 subject to payment of 2 SA No.74/PN/2016 Arising out of ITA No. 341/PN/2013 Rs.1 crore in two equal instalments. He further pointed out that applicant had complied with directions of Tribunal. Further, stay of recovery of demand has been extended from time to time till 03.09.2016 vide SA Nos.06 & 07/PN/2015, order dated 18.02.2015, SA Nos.77 & 78/PN/2015, order dated 28.08.2015 and SA Nos.20 & 21/PN/2016, order dated 04.03.2016. learned Authorized Representative for applicant placed reliance on various judicial precedents for extension of stay beyond 365 days, including ratio laid down by Hon ble Bombay High Court in CIT Vs. Ronuk Industries Ltd. reported in 333 ITR 99 (Bom). learned Authorized Representative for applicant further pointed out that appeal of applicant could not be disposed of, as earlier years appeals were pending for disposal. Hence, extension of stay on recovery of demand was sought by learned Authorized Representative for applicant. 3. learned Departmental Representative for Revenue pointed out that assessee be asked to deposit part of demand. 4. We have heard rival contentions and perused record. Tribunal vide order dated 04.03.2016 had extended stay for recovery of outstanding demand, which has now expired. applicant seeks extension for recovery of outstanding demand till disposal of appeal pending with Tribunal. appeal has been fixed for hearing and is slated for hearing on 08.12.2016. applicant has already deposited Rs.1 crore as directed in earlier stay order. In facts and circumstances of case when there is no change in factual position, we find merit in plea of applicant and accordingly, we stay recovery of outstanding demand relating to 3 SA No.74/PN/2016 Arising out of ITA No. 341/PN/2013 captioned assessment year till disposal of appeal pending with Tribunal or six months from date of this order, whichever is earlier. No coercive steps shall be taken by Assessing Officer for recovery of outstanding demand relating to captioned assessment year till disposal of appeal pending with Tribunal. appeal of applicant is fixed for hearing on 08.12.2016 and both parties have been directed to argue appeal. Accordingly, stay application moved by applicant is disposed of. 5. In result, Stay Application filed by applicant is allowed as indicated above. Order pronounced in open Court on this 16th day of September, 2016. Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated : 16th September, 2016. GCVSR Copy to: 1. Assessee 2. Department 3. DRP, Pune 4. DIT (International Taxation), Pune, 5. DR Bench, ITAT, Pune. 6. Guard File. BY ORDER, //True Copy// Sr. Private Secretary ITAT, Pune Vishay Components India Pvt. Ltd. v. Asst. Commissioner of Income-tax, Circle – 7, Pune
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