Cummins Turbo Technologies Limited v. The Dy. Commissioner of Income-tax (International Taxation), Circle – 1, Pune
[Citation -2016-LL-0916-133]

Citation 2016-LL-0916-133
Appellant Name Cummins Turbo Technologies Limited
Respondent Name The Dy. Commissioner of Income-tax (International Taxation), Circle – 1, Pune
Court ITAT-Pune
Relevant Act Income-tax
Date of Order 16/09/2016
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags outstanding demand
Bot Summary: The learned Authorized Representative for the applicant pointed out that earlier the recovery of the demand had been stayed by the Tribunal for a 2 SA No.72/PN/2016 Arising out of ITA No. 593/PN/2015 period of six months or till the disposal of appeal in SA No.18/PN/2016, vide order dated 26.02.2016 subject to payment of Rs.20,00,000/-. 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 learned Departmental Representative for the Revenue pointed out that the applicant be asked to deposit part of the demand. The applicant seeks extension for recovery of outstanding demand till the disposal of appeal pending with the Tribunal. The appeal of the applicant is fixed for hearing on 07.11.2016 and both the parties have been 3 SA No.72/PN/2016 Arising out of ITA No. 593/PN/2015 directed to argue the appeal. 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.72/PN/2016 Arising out of ITA No. 593/PN/2015 Assessment Year: 2010-11 Cummins Turbo Technologies Limited, UK India Branch, 5th Floor, Tower A, Survey No.21, Balewadi, Pune 411045 Applicant PAN: AA BCH2501H Vs. Dy. Commissioner of Income Tax (International Taxation), Circle 1, Pune Respondent Applicant by : Shri Ketan Ved 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 2010-11. 2. learned Authorized Representative for applicant pointed out that earlier recovery of demand had been stayed by Tribunal for 2 SA No.72/PN/2016 Arising out of ITA No. 593/PN/2015 period of six months or till disposal of appeal in SA No.18/PN/2016, vide order dated 26.02.2016 subject to payment of Rs.20,00,000/-. He further pointed out that applicant has complied with order of Tribunal. 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 applicant be asked to deposit part of demand. 4. We have considered rival arguments made by both sides. Tribunal vide order dated 26.02.2016 had granted 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 07.11.2016. applicant has already deposited Rs.20,00,000/-. 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 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 07.11.2016 and both parties have been 3 SA No.72/PN/2016 Arising out of ITA No. 593/PN/2015 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. Applicant 2. Department 3. DRP, Pune 4. DCIT, TP -I, Pune 5. DR Bench, ITAT, Pune. 6. Guard File. BY ORDER, //True Copy// Sr. Private Secretary ITAT, Pune Cummins Turbo Technologies Limited v. Dy. Commissioner of Income-tax (International Taxation), Circle – 1, Pune
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