Rohit Bajaj v. Income-tax Officer, Ward- 5(1), Hyderabad
[Citation -2019-LL-0823-118]

Citation 2019-LL-0823-118
Appellant Name Rohit Bajaj
Respondent Name Income-tax Officer, Ward- 5(1), Hyderabad
Court ITAT-Hyderabad
Relevant Act Income-tax
Date of Order 23/08/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags extension of stay
Bot Summary: At the outset, the Ld.Counsel for the assessee submitted that earlier, stay was granted to the assessee vide order of the Tribunal dt.12-02-2019 for a period of 180 days. The appeal could not be heard on the said date, since the Bench did not function and therefore, the appeal was :- 2 -: SA. No. 201/Hyd/2019 posted for hearing on 26-09-2019. Now, since the stay has expired, the Ld.AR pleaded before us that stay may be extended for another period of 60 days. Ld.DR could not oppose to the submissions of assessee strongly objected for granting stay to the assessee. Now, since the appeal is coming up for hearing on 26-09-2019, we are of the considered view that stay is required to be granted to the assessee in order to avoid undue hardship. In the interest of justice, we hereby grant stay to the assessee from recovering the outstanding demand for a further period of 50 days from the date of this order or till the disposal of the appeal, whichever is earlier. In the result, the Stay Application filed by assessee is allowed as indicated herein above.


IN INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER Stay Application No. 201/Hyd/2019 (Arising out of ITA No. 2115/Hyd/2017) Assessment Year : 2014-15 Rohit Bajaj, Income Tax Officer, HYDERABAD Vs. Ward-5(1), [PAN: AWZPB2130M] HYDERABAD (Applicant) (Respondent) For Assessee : Shri P. Murali Mohana Rao, AR For Revenue : Shri H. Phani Raju, DR Date of Hearing : 23-08-2019 Date of Pronouncement : 23-08-2019 ORDER PER A. MOHAN ALANKAMONY, A.M. : This Stay Application is filed by assessee, seeking stay of recovery of outstanding demand of tax of Rs.15,91,030/-. 2. At outset, Ld.Counsel for assessee submitted that earlier, stay was granted to assessee vide order of Tribunal dt.12-02-2019 for period of 180 days. Subsequently, appeal came for hearing on 19-03-2019. However, appeal could not be heard on said date, since Bench did not function and therefore, appeal was :- 2 -: SA. No. 201/Hyd/2019 posted for hearing on 26-09-2019. Now, since stay has expired, Ld.AR pleaded before us that stay may be extended for another period of 60 (sixty) days. 3. Ld.DR could not oppose to submissions of assessee, however, strongly objected for granting stay to assessee. 4. After hearing both sides, it is evident that appeal could not be heard on earlier occasion, due to no fault on part of assessee, because Bench did not function on that day. Now, since appeal is coming up for hearing on 26-09-2019, we are of considered view that stay is required to be granted to assessee in order to avoid undue hardship. Therefore, in interest of justice, we hereby grant stay to assessee from recovering outstanding demand for further period of 50 (fifty) days from date of this order or till disposal of appeal, whichever is earlier. 5. In result, Stay Application filed by assessee is allowed as indicated herein above. Order pronounced in open court on 23 rd of August, 2019 Sd/- Sd/- ( P. MADHAVI DEVI ) ( A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated 23rd August, 2019 TNMM :- 3 -: SA. No. 201/Hyd/2019 Copy to : 1. Rohit Bajaj, D.No.4-5-520, Badi Chowdi, Sultan Bazar, Hyderabad. 2. Income Tax Officer, Ward-5(1), Hyderabad. 3. CIT(Appeals)-4, Hyderabad. 4. Pr.CIT-4, Hyderabad. 5. D.R. ITAT, Hyderabad. 6. Guard File. Rohit Bajaj v. Income-tax Officer, Ward- 5(1), Hyderabad
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