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Income Tax Appellate Tribunal - Hyderabad

The Citizen Co-Operative Society ... vs Asst. Commissioner Of Income Tax, ... on 29 December, 2017

              IN THE INCOME TAX APPELLATE TRIBUNAL
           HYDERABAD BENCHES "B" BENCH : HYDERABAD

          BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND
            SHRI RIFAUR RAHMAN, ACCOUNTANT MEMBER

                         S.A. NO.173/Hyd/2017
                (Arising out of ITA. No.1615/Hyd/2017)
                      Assessment Year: 2014-2015

The Citizen Cooperative           vs.   ACIT,
Society Limited, Hyderabad.             Circle-9(1),
PAN: AAAAT 3952 F                       Hyderabad.
(Appellant)                             (Respondent)

                      For Assessee: Shri D.L. Narasimha Rao
                      For Revenue : Smt N. Swapna, DR

                   Date of Hearing : 29.12.2017
           Date of Pronouncement : 29.12.2017

                                 ORDER

PER D. MANMOHAN, VP.

By this application assessee seeks stay of collection of outstanding demand pending disposal of the appeal and also requested for posting the appeal on out-of-turn basis. In fact, the appeal is already posted for hearing on 27th February, 2018.

2. We have heard the Ld Counsel for the assessee as well as the Ld Departmental Representative in this regard and carefully perused the record. At the outset, it may be noticed that in the light of the judgments referred to by the Ld. CIT(A), we do not find any strong prima facie case on merits. Therefore, it is not a fit case for stay of collection of outstanding demand. However, having regard to the overall circumstances of the case, we deem it fit to post the case on out-of-turn basis and accordingly direct the Registry to advance the date of hearing of the appeal to 18.01.2018. Since the date of final hearing is announced in the open Court, notice to the parties is dispensed with.

3. In the result, Stay Application filed by the assessee is treated as allowed.

Order pronounced in the open court on 29th December, 2017.

       Sd/-                                                                Sd/-
(S. RIFAUR RAHMAN)                                                    (D. MANMOHAN)
ACCOUNTANT MEMBER                                                     VICE PRESIDENT

Hyderabad, Dated: 29th December, 2017 OKK, Sr.PS Copy to

1. M/s. The Citizen Cooperative Society Ltd., 11-7-194, Citizen House, HUDA Colony, Saroornagar, Hyderabad - 500 035.

2. ACIT, Circle-9(1), IT Towers, Hyderabad.

3. CIT (A)-7, Hyderabad.

4. Pr. CIT-7, Hyderabad.

5. DR, ITAT, Hyderabad.

6. Guard File.