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Income Tax Appellate Tribunal - Mumbai

M/S Avani Premises Pvt. Ltd., Mumbai vs Ito 12 (1)(2), Mumbai on 10 January, 2020

1 SA. No. 14/Mum/2020 Avani Premises Pvt.Ltd.

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH "A", MUMBAI Before Shri C.N.PRASAD (JUDICIAL MEMBER) AND Shri G MANJUNATHA (ACCOUNTANT MEMBER) S.A. No.14/Mum/2020 (Arising out of ITA No.1664/Mum/2019) (Assessment Year: 2008-09) Avani Premises Pvt.Ltd. VS ITO-12(1)(2) 601, Senate, Aura Biplex Mumbai S.V.Road, Borivali West Mumbai-400 092 PAN : AAACA9673N APPLICANT) RESPONDENT Applicant by Shri Dharmesh Sahah, AR Respondent by Shri Vodar Raj Singh, DR Date of hearing 10/01/2020 Date of pronouncement 10/01/2020 O R D ER Per G MANJUNATHA: AM The assessee has filed this Stay Application, seeking stay for outstanding demand of tax and interest amounting to Rs. 89,24,770/- for the Assessment Year (AY) 2008-09.

2. At the time of hearing, the Ld. AR for the assessee submitted that, in this case, the Tribunal has grated stay for recovery of demand for 90 2 SA. No. 14/Mum/2020 Avani Premises Pvt.Ltd.

days subject to certain conditions, vide its order dated 16/08/2019 in SA.No.333/Mum/2019. Further, the assessee has satisfied conditions imposed by the Tribunal and accordingly, paid a sum of Rs. 10 Lacs, on 28/08/2019, for which necessary challan for payment for tax has been furnished before the Ld. AO. The stay granted by the Tribnunal has expired on 14/11/2019. Further, the appeal filed by the assessee could not be disposed-off, on or before 14/11/2019, but said delay was not attributable to the assessee, because on various occassions, the case was adjoruned by the bench on the request of the departmental counsel. Further, the appeal has been finally heard on 09/01/2020 and the order is awaited. Therefore, till such time, the Tribunal passes order, the stay for outstanding demand for tax and interest may be granted.

3. The Ld. DR present for the revenue, has fairly accepted that the stay may be granted, becasue, the appeal has been heard by the Tribunal 09/01/2020 and order is awaited.

4. Having considered, arguments of both the sides and also taken note of the fact that, the Tribunal has heard, the appeal filed by the assessee in ITA.No.1664/Mum/2019 on 09/01/2020, we are of the considered view that it is a pit case for grant stay for outstanding demand of tax and interest till such time, the Tribunal passes its order or 90 days, whichever is earlier. Accordingly, the outstanding demand of tax and interest has been stayed for a period of 90 days from the date of this order or till such time, the Tribunal passes its order in ITA.No. 1664/Mum/2019 whichever is earlier.

Avani Premises Pvt.Ltd.

5. Accordinlgy, the stay applicaiton filed by the assesee is diposed-of in terms of our observations hereinabove.

Order pronounced in the open court on 10 .01.2020.

                          Sd/-                              Sd/-


         C.N.PRASAD                                       G MANJUNATHA
     JUDICIAL MEMBER                                   ACCOUNTANT MEMBER
Mumbai, Dt : 10.01.2020


Thirumalesh, Sr.PS



Copy of the Order forwarded to :

1.   The Appellant

2.   The Respondent.

3.   The CIT(A), Mumbai.

4.   CIT

     DR, ITAT, Mumbai
5.
                                                                   BY ORDER,
6.   Guard file.

                        स ािपत  ित //True Copy//


                                                                        (Asstt. Registrar)
                                                                      ITAT, Mumbai