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Income Tax Appellate Tribunal - Bangalore

Kwality Biscuits Ltd.,, Bangalore vs Assessee

       IN THE INCOME TAX APPELLATE TRIBUNAL
                BANGALORE BENCH 'A'


 BEFORE SHRI GEORGE GEORGE K, JUDICIAL MEMBER
                     and
 SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER


              Stay Application.No.80(Bang)/2011
                 (In ITA No.1223(Bang)/2009)
                  (Assessment year: 2001-02)


M/s.Kwality Biscuits Ltd.,
C/o Britannia Industries Ltd.,
Britannia Gardens, Vimanpura,
Old Airport Road,
Bangalore-560 017.                            ...        Applicant

        Vs.

Asst. Commissioner of Income-tax
Circle 11(5), Bangalore.                      ...     Respondent


         Applicant by: Shri V.S.Damle.
      Respondent by : Shri G.V.Gopala Rao.


                         O R D E R


Per George George K, JM :

This application is filed by the assessee seeking for grant of extension stay. It is submitted by the assessee that the appeal was heard on 10-5-2010 and as there was difference of opinion between the Members constituting the Division Bench, the appeal is now posted before Third Member. In the mean time, the assessee had filed stay application which was disposed of by order dated 2-11-2010 in SP No.74/Bang/2010 granting stay of demand till 28-2-2011 and subsequently by order dated 10-2-2011 in SP No.20(Bang)/2011, the Tribunal SA 80(Bang)/2011 Page 2 of 2 had extended the stay up to 30-6-2011 or till the disposal of the appeal whichever is earlier. The appeal is posted for hearing on 25-7-2011 before Third Member. Therefore, it is prayed for grant of extension of stay.

2. We have heard both the parties and gone through the material on record. In the interests of justice, we deem it fit to grant extension of stay and accordingly order for extension of stay of the recovering proceedings for a period of four months or till the disposal of the appeal whichever is earlier.

3. In the result, the stay application is allowed. Order pronounced in the open court on 30th June,2011 Sd/- sd/-

(A. Mohan Alankamony) (George George. K) ACCOUNTANT MEMBER JUDICIAL MEMBER Place: Bangalore.

Date: 30th June, 2011.

Eks* Copy to :

1. Appellant
2. Respondent
3. CIT(A) concerned
4. CIT
5. DR, ITAT, Bangalore
6. Guard file By Order Assistant Registrar, ITAT, Bangalore