Income Tax Appellate Tribunal - Hyderabad
Vodafone Mobile Services Ltd., Hyd, ... vs Addl.Cit, (Tds), Range-2, Hyd, ... on 24 February, 2017
SA Nos 7 to 11 of 2017 Vodafone Mobile Services Ltd Hyderabad
IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ' A ' Bench, Hyderabad
Before Smt. P. Madhavi Devi, Judicial Member
AND
Shri B. Ramakotaiah, Accountant Member
S.A. Nos. 7 to 11/Hyd/2017
(Arising out of ITA Nos.193 to 197/Hyd/2016)
(Assessment Years: 2010-11 to 1014-15)
Vodafone Mobile Services Vs Dy. Commissioner of Income
Ltd (formerly known as Tax ( TDS )
Vodafone South Ltd) Circle 15(2)
Hyderabad Hyderabad
PAN: AABCB 5847 L
For Assessee : Shri Manish Rastogi
For Revenue : Smt. Suman Malik, DR
Date of Hearing: 24.02.2017
Date of Pronouncement: 24.02.2017
ORDER
Per Smt. P. Madhavi Devi, J.M.
These applications are filed by the assessee seeking extension of stay granted by the Tribunal vide order dated 19.08.2016 under S.A. Nos. 50 to 54/Hyd/2016 for the A.Ys 2010-11 to 2014-15.
2. The learned Counsel for the assessee submitted that the facts and circumstances mentioned in the order of the Tribunal while extending the stay vide order dated 24.02.2016, have not undergone any change and non disposal of the appeal is not due to any reason attributable to the assessee.
Page 1 of 3SA Nos 7 to 11 of 2017 Vodafone Mobile Services Ltd Hyderabad
3. The learned Counsel for the assessee also submitted that the present stay applications are against the penalty proceedings, whereas the Income Tax Appellate Tribunal has already granted stay of the outstanding demand of tax in stay application Nos. 2 to 7/Hyd/2017 in the quantum appeals filed by the assessee. A copy of the order of the Tribunal dated 10.02.2017 is also filed before us.
4. The learned DR, however, opposed the extension of stay and submitted that the assessee should be directed to make payment of the demanded tax.
5 Having regard to the rival contentions and the material on record, we find that the facts and circumstances as on the date of granting of stay and further extended by orders dated 19.08.2016, have not undergone any change and the pendency of the appeals before us is not due to any reason attributable to the assessee. Therefore, we deem it fit and proper to extend the stay by a further period of 180 days from today or till the disposal of the appeal whichever is earlier.
5. In the result, stay applications are allowed.
Order pronounced in the Open Court on 24th February, 2017.
Sd/- Sd/-
(B. Ramakotaiah) (P. Madhavi Devi)
Accountant Member Judicial Member
Hyderabad, dated 24th February, 2017.
Vinodan/sps Page 2 of 3 SA Nos 7 to 11 of 2017 Vodafone Mobile Services Ltd Hyderabad Copy to:
1 Vodafone Mobile Services Ltd, 1-10-178 Varun Towers II, 6th Floor, Begumpet, Hyderabad 2 DCIT (TDS) Circle 15(2) Hyderabad 3 CIT (A)-8 Hyderabad 4 CIT - (TDS) Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File By Order Page 3 of 3