Income Tax Appellate Tribunal - Mumbai
Strides Arcolab Ltd, Navi Mumbai vs Asst Cit Cir 10(3), Mumbai on 28 January, 2022
आयकर अपीलीय अिधकरण
मुंबई पीठ " जे " , मुंबई
ी िवकास अव थी, ाियक सद एं व
ी एस रफौर रहमान, लेखा सद के सम
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "J", MUMBAI
BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND
SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER
एस.ए. सं. 06/मुं/2022 इन आ.अ.सं.124/मुं/2013 (िन.व.2008-09)
S.A. NO.06/MUM/2022 in ITA No. 124/Mum/2016 (A.Y. 2008-09)
एस.ए. सं. 07/मुं/2022 इन आ.अ.सं.2877/मुं/2014 (िन.व.2009-10)
S.A. NO.07/MUM/2022 in ITA No. 2877/Mum/2014 (A.Y. 2009-10)
Strides Pharma Science Ltd.
(Earlier known as Strides Shasun Ltd./
Strides Arcolab Ltd.), 201, Devarata,
Sector-17, Vashi, Navi Mumbai-400703.
PAN: AADCS8104P ...... अपीलाथ /Appellant
बनाम Vs.
ACIT Circle- 10(3),
451, 4th Floor, Aayakar Bhavan,
M.K. Rod, Mumbai-400020 ..... ितवादी/Respondent
अपीलाथ ारा/ Appellant by : Sh. Percy Pardiwala, Sr. Advocate
with Sh. Nitesh Joshi, Advocate
ितवादी ारा/Respondent by : Sh. Tejinder Pal Singh
सुनवाई की ितिथ/ Date of hearing : 28/01/2022
घोषणा की ितिथ/ Date of pronouncement : 28/01/2022
आदे श/ ORDER
PER VIKAS AWASTHY, J.M:
These Stay Applications (SA) have been filed by the asssessee for seeking extension of stay of recovery of outstanding demand in ITA No. 124/Mum/2013 for AY 2008-09 and ITA No. 2877/Mum/2014 for AY 2009-10.
2S.A NO.06 & 07/MUM/2022 (A.Y. 2008-09 & 2009-10)
2. Sh. Percy Pardiwala appearing on behalf of the assessee pointed that initially the stay of outstanding demand was allowed by the Tribunal in the impugned AYs in S.A. No. 228 & 229/Mum/2020 vide order dated 21.12.2020. Since, the asssessee had paid substantial amount i.e. nearly 90% of the tax demand, the stay was granted without any further condition. Thereafter, the stay was extended by the Tribunal in S.A. No. 72 & 73/Mum/2021 for AY 2008-09 & 2009-10, respectively vide order dated 16.07.2021. The ld. Counsel submitted that the appeals were fixed for hearing on 24.01.2022 and now have been adjourned to 31.01.2022 for further hearing. The delay in hearing of the appeals is not attributable to the asssessee. The ld. Counsel pointed that in para-19 to 29 of the stay application, the chronology of listing of appeals for hearing and the reasons for adjournment are mentioned. Except on two occasions i.e. 27th September 2021 and 02nd December 2021 when the appeals were adjourned as arguing counsel was on his legs before the Hon'ble High Court, the hearing of appeals on all other occasion was either adjourned by the Bench or at the request of ld. DR.
3. Sh. Tejinder Pal Singh representing the Department submitted that the assessee has been enjoying the benefit of stay for long as the stay has been extended from time to time. The asssessee may be directed to pay further amount so as to make at least 100% of tax component.
4. Submissions made by rival sides heard. The stay was first granted to the asssessee by the Co-ordinate Bench in S.A. No. 228 & 229/Mum/2020 for AY 2008-09 & 2009-10, respectively (supra). Since, the asssessee had paid 90% of the outstanding demand, no further condition was imposed for grant of stay. Thereafter, the stay was extended in S.A No. 72 & 73/Mum/2021 (supra).
3S.A NO.06 & 07/MUM/2022 (A.Y. 2008-09 & 2009-10)
5. From perusal of the appeal files it emerges that the delay in disposal of appeals is not attributable to the asssessee. Taking into consideration relevant facts at this stage, the stay earlier granted is extended for a further period of 180 days from the date of this order or till disposal of appeals, whichever is earlier. It is made clear that no adjournment for unreasonable reasons in hearing of the appeal shall be allowed. In case adjournment is sought by the assessee without any reasonable cause, the stay already granted shall be deemed to be withdrawn forthwith.
6. In the result, the stay applications are allowed, in the terms aforesaid.
Order pronounced in the open court on Friday, the 28th day of January, 2022.
Sd/- Sd/-
(S. RIFAUR RAHMAN) (VIKAS AWASTHY)
लेखा सद /ACCOUNTANT MEMBER ाियक सद /JUDICIAL MEMBER
मुंबई/Mumbai, िदनां क/Dated: 28/01/2022
SK, Sr.PS
ितिलिप अ ेिषतCopy of the Order forwarded to :
1. अपीलाथ /The Appellant ,
2. ितवादी/ The Respondent.
3. आयकर आयु (अ)/ The CIT(A)-
4. आयकर आयु CIT
5. िवभागीय ितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai
6. गाड फाइल/Guard file.
BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai