Income Tax Appellate Tribunal - Panji
Skoda Auto [ I ] P.Ltd, Aurangabad vs Acit, Aurangabad on 24 November, 2017
आयकर अपीलीय अिधकरण पुणे यायपीठ "ए
ए" पुणे म
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "A", PUNE
सु ी सुषमा चावला,
चावला याियक सद य एवं ी डी.
डी क णाकरा राव , लेखा सद य के सम
BEFORE MS. SUSHMA CHOWLA, JM AND SHRI D. KARUNAKARA RAO, AM
SA.No.111/PUN/2017
(Arising out of ITA No. 2344/PUN/2012)
िनधा रण वष / Assessment Year : 2008-09
Skoda Auto India Pvt. Ltd.,
Plot No.A-1/1,
Shendra
Five Star Industrial Area,
MIDC, Aurangabad - 431 201
PAN : AAECS3749M ...Applicant
Vs.
ACIT, Circle-1,
Auranagabad ...Respondent
अपीलाथ की ओर से / Applicant by : Shri Darpan Kirpalani
थ की ओर से / Respondent by : Shri Achal Sharma, Addl.CIT
सुनवाई क तारीख
/ घोषणाक तारीख /
Date of Hearing : 24.11.2017 Date of Pronouncement: 24.11.2017
आदेश / ORDER
PER D. KARUNAKARA RAO, AM :
The captioned stay application by the assessee arises from ITA No.2344/PUN/2012 for the Assessment Year 2008-09. The applicant requests for extension of stay on recovery of outstanding demand of Rs.29,98,05,900/-.
2. Ld. Counsel for the applicant pointed out that initially the recovery of the demand had been stayed by the Tribunal in SA No.175/PN/2012, vide order dated 14.12.2012 subject to payment of Rs.29.00 crores. He further pointed out that the applicant had complied with the directions of the Tribunal. Further, the stay of recovery of demand has been extended from time to time till 05-05-2017, the last extension of stay granted was vide S.A.No.48/PUN/2017 order dated 05-05-2017. He further pointed out that the earlier appeals of the applicant are pending for disposal. Since the earlier appeals on identical issues were pending for disposal 2 SA No. 111/PUN/2017 Skoda Auto India Pvt. Ltd., and as the instant appeal has identical issues, hence, extension of stay on the recovery of the said demand was sought by the Ld counsel for the applicant.
3. Ld. Departmental Representative for the Revenue opposed the stay application filed by the applicant and submitted that the assessee be asked to deposit part of the demand.
4. We heard the rival contentions and perused the record. The Tribunal vide order dated 05-05-2017 extended the stay for recovery of outstanding demand, which has now expired. The applicant seeks extension for recovery of outstanding demand till the disposal of appeal pending with the Tribunal. The appeal has been fixed for hearing and is slated for hearing on 15-02-2018. The applicant has already deposited Rs.29 crores as directed in the earlier stay order. In the facts and circumstances of the case when there is no change in factual position, we find merit in the plea of the applicant and accordingly, we stay the recovery of outstanding demand relating to the captioned assessment year till the disposal of appeal pending with the Tribunal or six months from the date of this order, whichever is earlier. No coercive steps shall be taken by the Assessing Officer for recovery of outstanding demand relating to captioned assessment year till the disposal of appeal pending with the Tribunal. The appeal of the applicant is fixed for hearing on 15-02-2018 and both the parties have been directed not to seek adjournment and make endeavour to argue the appeals. Accordingly, the stay application moved by the applicant is disposed of.
5. In the result, the Stay Application filed by the applicant is allowed as indicated above.
Order pronounced on this 24th day of November, 2017.
Sd/- Sd/-
(SUSHMA CHOWLA) (D.KARUNAKARA RAO)
ाियक सद / JUDICIAL MEMBER लेखा सद / ACCOUNTANT MEMBER
पुणे Pune; दनांक Dated : 24th November, 2017.
सतीश 3 SA No. 111/PUN/2017 Skoda Auto India Pvt. Ltd., आदेश क ितिलिप अ ेिषत/Copy of the Order is forwarded to :
1. अपीलाथ / The Appellant;
2. यथ / The Respondent;
3. The CIT(A)-IT/TP, Pune
4. The CIT(A)-13, Pune
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे 'A', ITAT, Pune;
6. गाड फाईल / Guard file.
आदेशानुसार/ ार BY ORDER, स यािपत ित //True Copy// Senior Private Secretary, आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune