IN INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER] SP. No.220/Mds/2016 (in I.T.A. No.572/Mds/2016) (Assessment Year : 2011-2012) M/s. Socomec Innovative Power, Vs Deputy Commissioner Solutions Private Limited, of Income Tax, (Formerly known as Socomec UPS Corporate Circle 6(2) India Pvt. Ltd) Thiru-Vi-Ka Industrial Estate, Chennai Guindy, Chennai 600 032. [PAN AAKCS 3579H] Petitioner Respondent Petitioner by : Shri. Suresh Tolani, Advocate Respondent by : Shri. Supriyopal, IRS, JCIT. Date of Hearing : 14.10.2016 Date of Pronouncement : 14.10.2016 ORDER PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER Through this stay petition assessee seeks stay of payment of 1,32,25,100/- arising out of assessment done on assessee u/s. 143(3) r.w.s. 144C of Income Tax Act, 1961 for impugned assessment year. -2- S.P.No.220/Mds/2016 2. Ld. Counsel for assessee submitted that this Tribunal had earlier granted stay on above demand based on SP No.74/Mds/2016 through order dated 21.03.2016. According to ld. Authorised Representative due to circumstances beyond its control, appeal could not be heard on 17.05.2016 when it was last posted for hearing. As per ld. Authorised Representative extension of stay was required, since six months period from grant of earlier stay, had expired. As per ld. Authorised Representative, representative who was authorized to appear could not represent case on 17.05.2016 due to sickness. 3. On other hand, ld. Departmental Representative, strongly opposed for grant of stay. 4. We have heard both parties and perused orders of lower authorities and stay petition filed by assessee. Conditions under which earlier stay was granted by this Tribunal through order dated 21.03.2016 are set-out in para 4 of stay order. This read as under:- -3- S.P.No.220/Mds/2016 4. We have heard both parties and perused material on record. At this stage, we are not inclined to go into merits of case, suffice to say that assessee has arguable case before Tribunal and it is not frivolous appeal. In our opinion, considering facts and circumstances of case, we find that this is fit case for grant of stay and interest of justice would be met be granting stay against payment of 1,32,25,100/- subject to following conditions:- 1) assessee shall pay 33 lakhs on or before 31.3.2016. 2) assessee shall not seek any adjournment till date of final hearing of original appeal on merit and it shall cooperate with expeditious disposal of appeal on date of hearing i.e. on 17.05.2016 Accordingly, Stay Petition is disposed of with above directions . 5. Second condition clearly mentions that assessee should not seek any adjournment on date of hearing fixed for 17.05.2016. However, order sheet entry show that ld. Authorised Representative had requested for grant of adjournment on 17.05.2016, and Bench had granted adjournment to 21.07.2016. On 21.07.2016 also, ld. Authorised Representative sought another adjournment. This was also granted by Bench. new date fixed for hearing was 20.09.2016. Again, on that day ld. Authorised Representative sought time and case was posted for hearing on 15.11.2016. Thus -4- S.P.No.220/Mds/2016 second condition set-out by Tribunal in earlier stay order reproduced at para 5 above, was never adhered to by assessee. Delay in disposing of appeal within period of stay was entirely due to repeated adjournments sought by assessee. In these circumstances, we are not inclined to grant any extension of stay. It is arden duty of assessee to make effective arrangements for representing its case before this Tribunal at time of hearing. Having not done so, in our opinion rules of equity does not allow grant of any further stay. 6. In result, Stay Petition filed by assessee stand dismissed. Order pronounced on Friday, 14th day of October, 2016 at Chennai. Sd/- Sd/- (DUVVURU RL REDDY) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER Chennai Dated:14.10.2016 KV Copy to: 1. Petitioner 2. Respondent 3. CIT(A) 4. CIT 5. DR. 6. Guard File Sd/- Sd/- (A. MOHAN ALANKAMONY) (G. PAVAN KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai Dated: 1.04.2016. KV Copy to: 1. Petitioner 2. Respondent 3. CIT(A) 4. CIT 5. DR. 6. Guard File. M/s. Socomec Innovative Power, Solutions Private Limited, (Formerly known as Socomec UPS India Pvt. Ltd) v. Deputy Commissioner of Income-tax, Corporate Circle-6(2), Chennai