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Income Tax Appellate Tribunal - Mumbai

Syntensia Network Security India ... vs Ito 11(2)(4), Mumbai on 2 February, 2018

              IN THE INCOME TAX APPELLATE TRIBUNAL
                    MUMBAI BENCH "E", MUMBAI

          BEFORE SHRI D.T. GARASIA (JUDICIAL MEMBER) AND
             SHRI N.K. PRADHAN (ACCOUNTANT MEMBER)

                             SA No. 36/Mum/2018
                        (In ITA No. 2927/Mum/2017)
                          Assessment Year: 2012-13

     Syntensia Network                ITO-11(2)(4)
     Security India Pvt. Ltd.   Vs.   Mumbai
     506, Laxmi Mall Laxmi
     Ind Est. New Link Road
     Andheri West,
     Mumbai- 400053
     PAN No. AALCS1143G
     Appellant                        Respondent

                     Assessee by      : Mr. Vimal Punmiya, AR
                     Revenue by       : Ms. N. Hemalatha, DR

           Date of Hearing            : 02/02/2018
      Date of pronouncement           : 02/02/2018


                                   ORDER

PER N.K. PRADHAN, AM

By means of the present stay application, the assessee seeks to get the extension of demand already stayed by the Tribunal amounting the Rs.78,84,440/- for the assessment year 2012-13 till the final disposal of the appeal.

2. We have heard the rival submissions and perused the relevant materials on record. It is seen that in this case the stay was earlier granted by the Tribunal in SA No. 322/Mum/2017 vide its order dated 23rd June 2017 for a period of six months or disposal of appeal, whichever is earlier subject to the condition of payment of SA No. 36/Mum/2018 2 Syntensia Network Rs.10,00,000/-. The assessee has admittedly complied with the direction of the Tribunal and deposited the said amount. Now the extension of stay is sought because the appeal could not be disposed of due to no fault of the assessee.

Considering the entirety of facts and circumstances of the instant case, we are inclined to grant extension of stay for a further period of six months from today or till the disposal of appeal, whichever is earlier.

4. In the result, the stay application is allowed.

Order pronounced in the open court on 02/02/2018.

             Sd/-                                          Sd/-
      (D.T. GARASIA)                                 (N.K. PRADHAN)
     JUDICIAL MEMBER                               ACCOUNTANT MEMBER

Mumbai; Dated: 02/02/2018
Rahul Sharma Sr. PS
Copy of the Order forwarded to :
1.   The Appellant
2.   The Respondent.
3.   The CIT(A)-
4.    CIT
5.    DR, ITAT, Mumbai
6.    Guard file.
                                                            BY ORDER,
//True Copy//
                                                     (Dy./Asstt. Registrar)
                                                            ITAT, Mumbai