Income Tax Appellate Tribunal - Delhi
Valvoline Cummins Pvt. Ltd., New Delhi vs Dcit, New Delhi on 31 August, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'I-1 ' NEW DLEHI
BEFORE SHRI R.SW.SYAL, VICE PRESIDENT
AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
Stay Application No.602/Del of 2018
(In I.T.A. No.527/Del/2016)
Assessment Year: 2011-12
Valvoline Cummins Pvt. Ltd., Vs Dy. Commissioner of Income-tax,
50/8, 1st Floor, Tolstoy Lane, Circle 26(1), New Delhi.
Janpath, New Delhi.
(PAN: AAAACW0287A)
(Applicant) (Respondent)
Applicant by: Shri Abhishek Agarwal, Advocate
Respondent by: Shri Subhakant Sahu, Sr. DR
Date of hearing: 31.08.2018
Date of Pronouncement: 31.08.2018
ORDER
PER NARASIMHA CHARY, JM
Extension of stay that was granted on 18.12.2016 is sought by way of this petition by the assessee on the ground that the stay that was granted on 18.2.2016 was extended from time to time and finally by order dated 23.2.2018 extended for a further period of six months. Assessee pleads that the reason for non disposal of the appeal is not attributable to the assessee in as far as subsequent to the last stay order on 3.2.2018, the appeal underwent adjournments on two dates, viz., 8.5.2018 and 20.8.2018 but the appeals could 2 not be heard awaiting the decision of the Hon'ble Supreme Court on the issue of AMP involved in this appeal. Heard the learned DR also. There is no contravention of the facts pleaded by the assessee.
2. Having regard to the facts and circumstances, we find that the reason for non disposal of the appeal could not be attributed to the assessee, as such, the stay could be extended for a further period of six months or till the disposal of the appeal, whichever is earlier, subject to the condition that the assessee shall not seek any adjournment.
3. For these reasons, the stay order dated 23.02.2018 is ordered to be further extended for 6 months or till the disposal of the appeal, whichever is earlier, subject to the rider that the assessee shall not delay the disposal of appeal in any manner, lest the stay granted shall stand vacated.
4. Stay application is allowed accordingly.
Order pronounced in the Open Court on 31st August, 2018.
Sd/- sd/-
(R.S. SYAL) (K. NARASIMHA CHARY)
VICE PRESIDENT JUDICIAL MEMBER
Dated: 31st August , 2018
'VJ'
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT
Asstt. Registrar, ITAT
3
Draft dictated 31.8.2018
Draft placed before author 31.8.2018
Approved Draft comes to the Sr.PS/PS
Order signed and pronounced on
File sent to the Bench Clerk
Date on which file goes to the AR
Date on which file goes to the Head Clerk.
Date of dispatch of Order.