M/s. Dow Corning India Pvt. Ltd. v. Deputy Commissioner of Income-tax, Range – 14(1)(1), Mumbai
[Citation -2016-LL-0923-65]

Citation 2016-LL-0923-65
Appellant Name M/s. Dow Corning India Pvt. Ltd.
Respondent Name Deputy Commissioner of Income-tax, Range – 14(1)(1), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 23/09/2016
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags extension of time • stay of demand of tax
Bot Summary: At the outset, the Ld. counsel for the assessee has submitted that the assessee has complied with the conditions of stay including deposit of further Rs.40 lakh out of the impugned tax demand as directed in the order dated 18.03.2016. He has further submitted that during the stay period, the assessee has never sought any adjournment of the hearing and the said stay period has expired on 17.09.2016, hence the present application for extension of the stay. He has demonstrated by giving a chart that during the stay period the matter was not adjourned due to any default on the part of the assessee but either by 2 SA No.334/M/2016 M/s. Dow Corning India Pvt. Ltd. the Bench or on the request of the Ld. D.R. He has further submitted that the main appeal was fixed for hearing on 12.01.2017. Keeping in view of the above submissions of the Ld. A.R., the stay of the recovery of the impugned demand is extended for a further period of six months from the date of this order or till the disposal of the appeal whichever is earlier from the date of this order and rest of the conditions of the stay order dated 18.03.2016 will remain the same. Order pronounced in the open court on 23.09.2016.


IN INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH K , MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER SA No.334/M/2016 (Arising out of ITA No.991/M/2016 date of decision: 18.03.2016) Assessment Year: 2011-12 M/s. Dow Corning India Pvt. Deputy Commissioner of Ltd., Income Tax, Range 14(1)(1), 5th Floor, Scorpio House, Room No.460, Opposite Galleria, Vs. Aayakar Bhavan, Hiranandani Business Park, M.K. Road, Powai, Mumbai - 400020 Mumbai 400 076 PAN: AAACU 0807G (Appellant) (Respondent) Present for: Assessee by : Shri Hiten Chande & Ms. Jasmin Amalsaduala, A.R. Revenue by : Shri Ramachandran, D.R. Date of Hearing : 23.09.2016 Date of Pronouncement : 23.09.2016 ORDER Per Sanjay Garg, Judicial Member: above titled application has been moved by applicant seeking extension of stay of demand granted to assessee vide order of Tribunal dated 18.03.2016. 2. At outset, Ld. counsel for assessee has submitted that assessee has complied with conditions of stay including deposit of further Rs.40 lakh out of impugned tax demand as directed in order dated 18.03.2016. He has further submitted that during stay period, assessee has never sought any adjournment of hearing and said stay period has expired on 17.09.2016, hence present application for extension of stay. He has demonstrated by giving chart that during stay period matter was not adjourned due to any default on part of assessee but either by 2 SA No.334/M/2016 M/s. Dow Corning India Pvt. Ltd. Bench or on request of Ld. D.R. He has further submitted that main appeal was fixed for hearing on 12.01.2017. 3. Keeping in view of above submissions of Ld. A.R., stay of recovery of impugned demand is extended for further period of six months from date of this order or till disposal of appeal whichever is earlier from date of this order and rest of conditions of stay order dated 18.03.2016 will remain same. Order pronounced in open court on 23.09.2016. Sd/- Sd/- (G.S. Pannu) (Sanjay Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 23.09.2016. * Kishore, Sr. P.S. Copy to: Appellant Respondent CIT, Concerned, Mumbai CIT (A) Concerned, Mumbai DR Concerned Bench //True Copy// [ By Order Dy/Asstt. Registrar, ITAT, Mumbai. M/s. Dow Corning India Pvt. Ltd. v. Deputy Commissioner of Income-tax, Range 14(1)(1), Mumbai
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