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Income Tax Appellate Tribunal - Delhi

Ericsson Ab, Sweden, Gurgaon vs Addl. Cit, New Delhi on 11 October, 2019

        IN THE INCOME TAX APPELLATE TRIBUNAL
           DELHI BENCH: 'Friday-C' NEW DELHI

        BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                               &
           SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER

              Stay Application No. 964/Del/2019
                   (ITA Nos. 6089/Del/2010)
                  (Assessment Year: 2006-07)
Ericsson AB                     vs   Addl. DIT,
C/o Pricewaterhouse Coopers          Range-1,
(P) Ltd.,                            International Taxation,
Building No. 10, Tower-C,            Drum Shaped Building,
18 Floor, DLF Cyber City,
   th                                New Delhi.
Gurgaon.

PAN No. AAACE9466B
APPELLANT                            RESPONDENT

              Stay Application No. 965/Del/2019
                   (ITA Nos. 5708/Del/2011)
                  (Assessment Year: 2007-08)
Ericsson AB                     vs   Addl. DIT,
C/o Pricewaterhouse Coopers          Range-1,
(P) Ltd.,                            International Taxation,
Building No. 10, Tower-C,            Drum Shaped Building,
18th Floor, DLF Cyber City,          New Delhi.
Gurgaon.

PAN No. AAACE9466B
APPELLANT                            RESPONDENT
                                2
                                    Stay Application Nos. 964 to 967/Del/2019



              Stay Application No. 966/Del/2019
                   (ITA Nos. 1609/Del/2014)
                  (Assessment Year: 2009-10)
Ericsson AB                     vs   Addl. DIT,
C/o Pricewaterhouse Coopers          Range-1,
(P) Ltd.,                            International Taxation,
Building No. 10, Tower-C,            Drum Shaped Building,
18 Floor, DLF Cyber City,
   th                                New Delhi.
Gurgaon.

PAN No. AAACE9466B
APPELLANT                            RESPONDENT
                               &
              Stay Application No. 967/Del/2019
                   (ITA Nos. 1609/Del/2015)
                  (Assessment Year: 2010-11)
Ericsson AB                     vs   Addl. DIT,
C/o Pricewaterhouse Coopers          Range-1,
(P) Ltd.,                            International Taxation,
Building No. 10, Tower-C,            Drum Shaped Building,
18 Floor, DLF Cyber City,
   th                                New Delhi.
Gurgaon.

PAN No. AAACE9466B
APPELLANT                            RESPONDENT

       Assessee by          Sh. Salil Kapoor, Adv.
                            Sh. Sumit Lalchandani, Adv.
       Revenue by           Ms. Ashima Neb, Sr. DR

              Date of Hearing          11.10.2019
           Date of Pronouncement       11.10.2019
                                   3
                                       Stay Application Nos. 964 to 967/Del/2019



                                ORDER

PER SHRI BHAVNESH SAINI, J.M.

We have heard Ld. Representatives of both the parties. In these stay applications, assessee sought extension of the stay granted against outstanding demand earlier, vide order dated 12.04.2019.

2. Ld. Counsel for assessee submitted that delay in disposal of the appeals is not attributable to the assessee.

3. Considering these facts and perusal of the record, we are of the view that assessee is entitled for extension of the stay already granted against outstanding demand in assessment year under appeals. In this view of the matter, we extend the stay against outstanding demand for a further period of six months or disposal of the appeals, whichever may expire earlier, subject to the same terms.

4. In the result, stay applications are allowed. Copy be provided to both the parties.

Order pronounced in the open Court.

              Sd/-                              Sd/-
        (N.K. BILLAIYA)                    (BHAVNESH SAINI)
    ACCOUNTANT MEMBER                     JUDICIAL MEMBER
Dated: 11.10.2019
*Kavita Arora
                                               4

Stay Application Nos. 964 to 967/Del/2019 Copy forwarded to:

1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 11.10.2019 Date on which the typed draft is placed before the dictating 11.10.2019 Member Date on which the typed draft is placed before the Other Member 11.10.2019 Date on which the approved draft comes to the Sr. PS/PS 11.10.2019 Date on which the fair order is placed before the Dictating Member 11.10.2019 for pronouncement Date on which the fair order comes back to the Sr. PS/PS 11.10.2019 Date on which the final order is uploaded on the website of ITAT 11.10.2019 Date on which the file goes to the Bench Clerk 11.10.2019 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order