JAS Forwarding Worldwide Pvt. Ltd. v. DCIT, Circle -13 (1), New Delhi
[Citation -2019-LL-0913-13]

Citation 2019-LL-0913-13
Appellant Name JAS Forwarding Worldwide Pvt. Ltd.
Respondent Name DCIT, Circle -13 (1), New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 13/09/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags extension of stay
Bot Summary: The Ld. Counsel for the assessee at the outset submitted that the appeals for the above years could not be heard by the Tribunal since the order for A. Y. 2007-08 was pending. Now, the order for A. Y. 2007-08 has been passed by the Tribunal in favour of the assessee vide ITA No.3222/Del/2011 and 3296/Del/2011 for A.Y. 2007-08 nothing remains if the order for A.Y. 2007-08 is followed. The Ld. DR on the other hand opposed the stay applications filed by the assessee and submitted that the assessee should be directed to pay some further amount. We find the Tribunal in the instant case had granted stay vide order dated 05.04.2018 in stay application No.110 to 113/Del/2018 on 13.02.2015 wherein the Tribunal had directed the assessee to deposit a sum of Rs. 1 crores which was deposited by the assessee. The stay applications filed by the assessee are accordingly allowed Order pronounced in the open court at the time of hearing itself i.e. on 13.09.2019. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 13.09.2019 Date on which the typed draft is placed before the 13.09.2019 dictating Member Date on which the approved draft comes to the 13.09.2019 Sr.PS/PS Date on which the fair order is placed before the 13.09.2019 Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. 13.09.2019 PS/ PS Date on which the final order is uploaded on the 13.09.2019 website of ITAT Date on which the file goes to the Bench Clerk 13.09.2019 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order 3..


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH Friday/I-1 , NEW DELHI BEFORE SH. R.K PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER Stay Application No.726/Del/2019 (ITA No.5410/Del/2012 : Assessment Year: 2008-09) Stay Application No.727/Del/2019 (ITA No.2484/Del/2014 : Assessment Year: 2009-10) Stay Application No.728/Del/2019 (ITA No.2162/Del/2015 : Assessment Year: 2010-11) Stay Application No.729/Del/2019 (ITA No.1687/Del/2016 : Assessment Year: 2011-12) JAS Forwarding Worldwide DCIT Pvt. Ltd. Plot No.64, 3rd Floor, Vs Circle -13 (1) Sector-44, Gurugram, New Delhi Haryana-122002 (APPELLANT) (RESPONDENT) Assessee by Sh. Salil Kapoor, Advocate Revenue by Dr. Vijay Kumar Chadha, Sr. DR. Date of hearing: 13/09/2019 Date of Pronouncement: 13/09/2019 ORDER PER R.K. PANDA, AM: assessee through these stay applications request Tribunal to extend stay on realisation of outstanding demand of Rs.70.13 crores inclusive of interest for A.Y 2008-09 to 2011-12 till disposal of appeals by Tribunal. 2. Ld. Counsel for assessee at outset submitted that appeals for above years could not be heard by Tribunal since order for A. Y. 2007-08 was pending. Now, order for A. Y. 2007-08 has been passed by Tribunal in favour of assessee vide ITA No.3222/Del/2011 and 3296/Del/2011 (cross appeals) for A.Y. 2007-08, therefore, nothing remains if order for A.Y. 2007-08 is followed. He submitted that appeals of assessee were fixed for hearing on 11.09.2019. However, Bench did not function on that day and appeals stand adjourned for hearing in month of October, 2019. He accordingly submitted that stay granted earlier should be extended till disposal of appeal or for period of six months from today whichever is earlier. 3. Ld. DR on other hand opposed stay applications filed by assessee and submitted that assessee should be directed to pay some further amount. 4. We have heard rival arguments made by both sides and perused record. We find Tribunal in instant case had granted stay vide order dated 05.04.2018 in stay application No.110 to 113/Del/2018 on 13.02.2015 wherein Tribunal had directed assessee to deposit sum of Rs. 1 crores which was deposited by assessee. Further it was seen that assessee had earlier paid amount of Rs.3.50 crores and TDS credit to tune of Rs.2.78 crores pertaining to A.Y. 2011-12 was also to be adjusted. Further, appeal for A. Y. 2007-08 has already been decided by Tribunal in favour of assessee. non disposal of appeals for above years is not attributable to assessee. Considering totality of facts of case we extend stay on 2 realization of outstanding demand for period of three months from today or till disposal of appeals whichever is earlier. stay applications filed by assessee are accordingly allowed. 5. stay applications filed by assessee are accordingly allowed Order pronounced in open court at time of hearing itself i.e. on 13.09.2019. Sd/- Sd/- (SUCHITRA KAMBLE) (R.K PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER *Neha* Date:-13.09.2019 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 13.09.2019 Date on which typed draft is placed before 13.09.2019 dictating Member Date on which approved draft comes to 13.09.2019 Sr.PS/PS Date on which fair order is placed before 13.09.2019 Dictating Member for Pronouncement Date on which fair order comes back to Sr. 13.09.2019 PS/ PS Date on which final order is uploaded on 13.09.2019 website of ITAT Date on which file goes to Bench Clerk 13.09.2019 Date on which file goes to Head Clerk. date on which file goes to Assistant Registrar for signature on order Date of dispatch of Order 3 JAS Forwarding Worldwide Pvt. Ltd. v. DCIT, Circle -13 (1), New Delhi
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