Tata Communications Ltd. v. Deputy Commissioner of Income-tax -1(3)(2), Mumbai
[Citation -2019-LL-0830-140]

Citation 2019-LL-0830-140
Appellant Name Tata Communications Ltd.
Respondent Name Deputy Commissioner of Income-tax -1(3)(2), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 30/08/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags extension of stay
Bot Summary: 400001 PAN No. AAACV2808C Appellant Respondent Assessee by : Mr. Nitesh Joshi, AR Revenue by : Mr. Chaudhary Arun Kumar Singh, DR Date of Hearing : 30/08/2019 Date of pronouncement : 30/08/2019 ORDER PER N.K. PRADHAN, AM By means of the present stay application, the assessee seeks further extension of the stay granted by the Tribunal vide order dated 01.03.2019. The Ld. counsel for the assessee submits that subsequent to the above order dated 01.03.2019, the appeal was fixed for hearing on 25.04.2019 but could not be disposed off during the various hearings scheduled thereafter till date due to various reasons, but none attributable to the assessee. It is stated by him that the Tribunal has in the earlier proceedings, accepted the request of the Department that the present appeal should be disposed off after the appeals of earlier years are disposed off and Tata Communications 2 SA No. 338/Mum/2019 this has been one of the main reasons for adjournments, apart from the fact of adjournments sought by the Department. It is thus stated by him that the delay in disposing the appeal has not occurred due to the assessee and therefore, the stay hitherto granted may be extended. We have heard the rival submissions and perused the relevant materials on record. We find that the appeal could not be heard for one reason or the other for no fault of the assessee. Considering the entirety of facts and circumstances of the instant case, we are inclined to grant extension for a further period of six months from today or till the disposal of appeals, whichever is earlier.


IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) SA No. 338/Mum/2019 (In ITA No. 7220/MUM/2018) Assessment Year: 2014-15 Tata Communications Ltd. Deputy Commissioner Videsh Sanchar Bhavan, Vs. of Income Tax -1(3)(2), MG Road, Fort, Mumbai- Mumbai. 400001 PAN No. AAACV2808C Appellant Respondent Assessee by : Mr. Nitesh Joshi, AR Revenue by : Mr. Chaudhary Arun Kumar Singh, DR Date of Hearing : 30/08/2019 Date of pronouncement : 30/08/2019 ORDER PER N.K. PRADHAN, AM By means of present stay application, assessee seeks further extension of stay granted by Tribunal vide order dated 01.03.2019. 2. Ld. counsel for assessee submits that subsequent to above order dated 01.03.2019, appeal was fixed for hearing on 25.04.2019 but could not be disposed off during various hearings scheduled thereafter till date due to various reasons, but none attributable to assessee. It is stated by him that Tribunal has in earlier proceedings, accepted request of Department that present appeal should be disposed off after appeals of earlier years (where some common issues have arisen for first time) are disposed off and Tata Communications 2 SA No. 338/Mum/2019 this has been one of main reasons for adjournments, apart from fact of adjournments sought by Department. It is thus stated by him that delay in disposing appeal has not occurred due to assessee and therefore, stay hitherto granted may be extended. Ld. DR opposes extension of stay. 3. We have heard rival submissions and perused relevant materials on record. We find that appeal could not be heard for one reason or other, but, for no fault of assessee. Considering entirety of facts and circumstances of instant case, we are inclined to grant extension for further period of six months from today or till disposal of appeals, whichever is earlier. 4. In result, stay application is allowed. Order pronounced in Open Court on 30/08/2019. Sd/- Sd/- (C.N. PRASAD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 30/08/2019 Rahul Sharma, Sr. P.S. Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A)- 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, //True Copy// (Sr. Private Secretary) ITAT, Mumbai Tata Communications Ltd. v. Deputy Commissioner of Income-tax -1(3)(2), Mumbai
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