Income Tax Appellate Tribunal - Lucknow
Shyam Sunder Bhartia, Amroha vs Dcit(International Taxation), ... on 19 January, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL
LUCKNOW BENCH 'B', LUCKNOW
(Through Virtual Court)
BEFORE: SHRI A.D. JAIN, VICE PRESIDENT
AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER
Stay Application No.03/Lkw/2022
(in ITA No.151/Lkw/2022)
Assessment year : 2016-17
Shyam Sunder Bhartia, 27, VS DCIT (International Taxation),
Claymore Road #40-42, Lucknow.
Singapore 229554.
Address for communication of P.K. Bhawan, (U.P. & Uttrakhand)
notice. 18, Madan Mohan Malviya Marg,
Lucknow U.P. 226001
Bhartigram, Gajraula,
Amroha 244223 U.P.
PAN /TAN No: ADYPB 3391G
Appellant Respondent
Assessee by : Shri Ajay Vohra, Sr. Advocate,
Ms Shaily Gupta, CA and
Ms. Manisha Sharma, Advocate
Revenue by : Shri S.H.Usmani, CIT(DR)
Date of Hearing : 17.01.2023
Date of Pronouncement : 19.01.2023
ORDER
PER VIKRAM SINGH YADAV, A,M, The present Stay Application has been filed by the assessee seeking extension of stay granted by the Co-ordinate Bench vide its order dated 10.08.2022 in Stay Application No. 2/LKO/2022.
2. It was submitted by Shri Ajay Vohra, ld. Counsel for the assessee that pursuant to order passed u/s 147 read with 144C of the Act, a S.A.No.3/Lkw/2022 In ITA No.151/Lkw/2022 A.Y. 2016-17 Page 2 of 3 demand of Rs.2,14,26,064/- was raised on the assessee against which the assessee moved an application before the Tribunal seeking stay of the disputed demand as well as filed an appeal challenging the order so passed. It was submitted tha t the said application was disposed off by the Lucknow Benches of the Tribunal vide order dated 10.08.2022 wherein the Bench had granted stay of total outstanding demand till 31.10.2022 subject to payment of Rs.15 la cs by 25.08.2022. It was submitted that pursuant to the dire ction of the Bench, the assessee has deposited an amount of Rs.15 lacs vide Challan dated 20.08.2022 bearing Challan No. 04392. It was submitted that since the stay has expired on 31.10.2022 and the appeal of the a ssessee has not been disposed of for reasons not attributable to the assessee, the assessee has moved the present Stay Application seeking extension of the stay for a further period of 180 days or disposal of appeal, whichever is earlier.
3. Sh. S. H. Usmani, ld CI T DR is heard who has not raised any specific objection for granting extension of stay.
4. After hearing both the parties and considering the material available on record, we hereby extend the stay for a period of six months or disposal of appeal, whichever is earlier on the same terms and conditions as per the earlier stay order dated 10.08.2022. S.A.No.3/Lkw/2022
In ITA No.151/Lkw/2022 A.Y. 2016-17 Page 3 of 3
5. The Stay Application is, accordingly, disposed off in light of the aforesaid directions.
Order pronounced in the Open Court on 19.01.2023.
Sd/- Sd/-
(A.D.JAIN ) (VIKRAM SINGH YADAV)
Vice President Accountant Member
Dated : 19.01.2023
"Poonam"
Copy of the order forwarded to :
1. The Appellant
2. The Respondent
3. Concerned CIT
4. The CIT(A)
5. DR, ITAT, Lucknow
Assistant Registrar