Income Tax Appellate Tribunal - Ahmedabad
Ranbaxy Laboratories Ltd., Delhi vs Dcit, New Delhi on 1 March, 2018
आयकर अपील य अ
धकरण, अहमदाबाद यायपीठ - अहमदाबाद ।
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD - BENCH 'D'
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND
SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER
Stay Application No.17/Ahd/2018
IN
आयकर अपील सं./ ITA No.781/Del/2015
नधा रण वष /Asstt. Year: 2010-2011
M/s.Ranbaxy Laboratories Ltd. Vs. DCIT, Cir.2(1)
(Through its successor in interest) New Delhi.
M/s.Sun Pharmaceutical Industries Ltd.
अपीलाथ / (Appellant) तयथ
् / (Respondent)
Assessee by : Shri S.N. Soparkar, AR
Revenue by : Shri James Kurian, Sr.DR
सन
ु वाई क तार ख/Date of Hearing : 01/03/2018
घोषणा क तार ख /Date of Pronouncement: 01/03/2018
आदे श/O R D E R
PER RAJPAL YADAV, JUDICIAL MEMBER:
Present Stay Application is directed at the instance of the assessee for grant of ad-interim stay of outstanding demand amounting to Rs.231.99 crores.
2. It is pleaded in the application that a demand of Rs.281.99 crores was raised against the assessee by virtue of assessment order. Assessee approached Tribunal for stay of outstanding demand and vide order dated 20.2.2015 demand was stayed subject to payment of Rs.50 crores. This payment was made, and SP No.17/Ahd/2015 in ITA No.781/Del/2015 2 therefore present application is restricted to stay of outstanding amount of Rs.231.99 crores. The ld.counsel for the assessee appraised us about adjournments sought by the department on respective dates. He has summarised position of hearing taken place on different dates in para-6 which reads as under:
"On 11.7.2016, the appeal was adjourned to 5.10.2016 as the Bench was not functioning on the said date;
- On 05.10.2016 the appeal was again adjourned to 02.01.2017 as the Bench was not functioning on the said date.
- On 02.01.2017, the matter was adjourned to 06.3.2017 at the request of the Department Representatives.
- On 28.11.2017, the matter after being transfer from ITAT, Delhi Bench was adjourned to 07.12.2017 at the request of departmental representative.
- On 07.12.2017, the matter was adjourned to 31.01.2018 at the request of departmental representatives."
3. He submitted that nothing is attributable to the assessee for delaying the hearing in the appeal. On the other hand, the ld.DR contended that since first hearing was granted in 2015, assessee should be directed to pay something more.
4. We have gone through the record and perused various interim orders vide which stay was granted from time to time. It is pertinent to observe that the assessee was always ready to argue the appeal and adjournments have been sought by the Revenue. There is no change in the facts and circumstances from the date one when first stay was granted to the assessee till today. Therefore, we deem it appropriate to stay outstanding demand for a period of 180 days or till disposal of the appeal, whichever event occurs first. Assessee shall not seek adjournments unless unavoidable circumstances warrant so.
SP No.17/Ahd/2015 in ITA No.781/Del/2015 3
5. We have been informed that appeal is scheduled for hearing on 12th April, 2018. Therefore, we do not deem it necessary to prepone the hearing.
6. In the result Stay Application of the assessee is allowed as per terms indicated above.
st Order pronounced in the Court on 1 March, 2018.
Sd/- s Sd/- (PRADIPKUMAR KEDIA) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER