Chennai Container Terminal Pvt. Ltd. v. DCIT-8(3)(1), Mumbai - 2016-LL-0923-123

Citation	2016-LL-0923-123
Appellant Name	Chennai Container Terminal Pvt. Ltd.
Respondent Name	DCIT-8(3)(1), Mumbai
Court	ITAT-Mumbai
Relevant Act	Income-tax
Date of Order	23/09/2016
Assessment Year	2010-11
Judgment	View Judgment
Bot Summary:	09.2015 and 18.03.2016,that the stay should be extended further. Authorised Representativemade the same submission that are part of the application filed for extension of stay. Departmental Representative(DR)stated that matter could be decided on merits. 2.We find that in the case under consideration the Tribunal had granted stay for a period of six months or till the disposal of appeal subject to payment of Rs. Rs.50 lakhs by 27.03.2015 ,vide its order dated 13.03.2015 and had extended the stay from time to time,that the assessee- company had complied with the directions of the Tribunal and has not sought for any adjournment. Are of the opinion that it is a fit case for extending stay of demand. Considering the facts of the case,the stay is extended further for a period of six months or till the disposal of appeal by the Tribunal, whichever is earlier. As a result,application filed by the assessee for extension of stay stands allowed.

In Income-tax Appellate Tribunal - K Bench Mumbai BeforeS/Sh. Rajendra,Accountant Member & Amit Shukla,Judicial Member (S.A. No.336/Mum/2016-Arising out of ITA No.1107/Mum/2015-Assessment Year 2010-11 ) Chennai Container Terminal Pvt.Ltd DCIT 8(3)(1) Darabshaw House,Level, Aayakar Bhavan, M.K.Road, Narottam Morarji Marg, Mumbai-400020 Ballard Estate,Mumbai-1 Vs. PAN: AABCC5838L (Applicant) (Respondent) Appellant by:Miss. Jasmin Amalsadvala Respondent by :Shri Rajnish K. Arvind Date of Hearing :23 -09-2016 Date of Pronouncement :23-09-2016 ,1961 254(1) Order u/s.254(1)of Income-tax Act,1961(Act) Per Rajendra, A.M. Vide its application,dated 16.09.2016,the assessee-company has stated that Tribunal had stayed demand vide its order dated 13.03.2015 subject to payment of demand of Rs.50 lakhs,by 27th March 2015, that assessee had made payment of said amount as per direction of Tribunal,that stay was extended by Tribunal vide its orders dated 18.03.2015,11.09.2015 and 18.03.2016,that stay should be extended further. Before us,the Authorised Representative (AR)made same submission that are part of application filed for extension of stay.Departmental Representative(DR)stated that matter could be decided on merits. 2.We find that in case under consideration Tribunal had granted stay for period of six months or till disposal of appeal subject to payment of Rs. Rs.50 lakhs by 27.03.2015 ,vide its order dated 13.03.2015 and had extended stay from time to time,that assessee- company had complied with directions of Tribunal and has not sought for any adjournment.Therefore,we are of opinion that it is fit case for extending stay of demand.Considering facts of case,the stay is extended further for period of six months or till disposal of appeal by Tribunal, whichever is earlier. As result,application filed by assessee for extension of stay stands allowed. Order pronounced in open court on 23rd September, 2016. 23, 2016 Sd/- Sd/- (AMIT SHUKLA) ( RAJENDRA) JUDICIAL MEMBER ACCOUNTANT MEMBER 2 S.A. No.336/Mum/2016( ITA No.1107/Mum/2015) . Mumbai, Date:23.09.2016 Jv.,Sr.PS Copy of Order forwarded to : 1. Assessee 2. Respondent 3.The concerned CIT(A)/ , 4.The concerned CIT 5. DR K Bench, ITAT, Mumbai 6. Guard File //True Copy// BY ORDER, Dy./Asst. Registrar ITAT, Mumbai. 2 Chennai Container Terminal Pvt. Ltd. v. DCIT-8(3)(1), Mumbai

Metadata

Judgment