M/s IDS Infotech Ltd. v. The DCIT, Circle 4(1), Chandigarh
[Citation -2016-LL-1021-132]

Citation 2016-LL-1021-132
Appellant Name M/s IDS Infotech Ltd.
Respondent Name The DCIT, Circle 4(1), Chandigarh
Court ITAT-Chandigarh
Relevant Act Income-tax
Date of Order 21/10/2016
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags outstanding demand
Bot Summary: PAN: AAACI4364E Appellant by : Shri Tej Mohan Singh Respondent by : Shri S.K.Mittal Date of Hearing : 21.10.2016 Date of Pronouncement : 21.10.2016 ORDER PER BHAVNESH SAINI,JM This stay application has been filed by assessee seeking extension of the stay against outstanding demand granted by the Tribunal vide order dated 23.03.2016. Briefly the facts of the case are that assessee earlier filed Stay Application No. 13/2016 for stay of recovery of 2 outstanding demand of Rs. 2,27,69,710/- for assessment year 2010-11. The said Stay Application has been disposed off vide order dated 23.03.2016 holding that it is a fit case where outstanding demand deserves to be stayed. The outstanding demand was stayed till the disposal of appeal or 180 days from the date of order, whichever is earlier, subject to payment of Rs. 20 lacs. Counsel for the assessee submitted that assessee had already complied with the order of the Tribunal by depositing the requisite amount in question. After considering rival submissions and considering the background of the case as noted above, in which earlier outstanding demand was stayed subject to condition, which have been complied with by the assessee and that there is no delay attributable on the part of the assessee in disposal of the appeal, we extend the stay order dated 23.03.2016 and the balance outstanding demand shall remain stayed till the disposal of appeal or 180 days from the date of this order, whichever is 3 earlier. The Stay Application of the assessee for extension of the stay already granted is accordingly, allowed.


BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND Ms. ANNAPURNA GUPTA, ACCOUNTANT MEMBER Stay Application No. 17/CHD/2016 In ITA No. 130/CHD/2016 Assessment Year: 2010-11 M/s IDS Infotech Ltd., Vs DCIT, SCO 144-145, Circle 4(1), Sector 34-A, Chandigarh. Chandigarh. PAN: AAACI4364E (Appellant) (Respondent) Appellant by : Shri Tej Mohan Singh Respondent by : Shri S.K.Mittal Date of Hearing : 21.10.2016 Date of Pronouncement : 21.10.2016 ORDER PER BHAVNESH SAINI,JM This stay application has been filed by assessee seeking extension of stay against outstanding demand granted by Tribunal vide order dated 23.03.2016. 2. Briefly facts of case are that assessee earlier filed Stay Application No. 13/2016 for stay of recovery of 2 outstanding demand of Rs. 2,27,69,710/- for assessment year 2010-11. said Stay Application has been disposed off vide order dated 23.03.2016 holding that it is fit case where outstanding demand deserves to be stayed. outstanding demand was stayed till disposal of appeal or 180 days from date of order, whichever is earlier, subject to payment of Rs. 20 lacs. 3. ld. counsel for assessee submitted that assessee had already complied with order of Tribunal by depositing requisite amount in question. He has submitted that department was taking adjournment in appeal and assessee never sought any adjournment, therefore, no delay is attributable on behalf of assessee. appeal is fixed for hearing on 24.10.2016. 4. After considering rival submissions and considering background of case as noted above, in which earlier outstanding demand was stayed subject to condition, which have been complied with by assessee and that there is no delay attributable on part of assessee in disposal of appeal, we extend stay order dated 23.03.2016 and balance outstanding demand shall remain stayed till disposal of appeal or 180 days from date of this order, whichever is 3 earlier. Stay Application of assessee for extension of stay already granted is accordingly, allowed. Order pronounced in Open Court. Sd/- Sd/- (ANNAPURNA GUPTA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 21ST October,2016. Poonam Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT,DR Assistant Registrar, ITAT Chandigarh M/s IDS Infotech Ltd. v. DCIT, Circle 4(1), Chandigarh
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