Income Tax Appellate Tribunal - Delhi
Hcl Technologies Ltd., New Delhi vs Dcit, New Delhi on 16 August, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH : FRIDAY : NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
Stay Application Nos.854 & 855/Del/2019
(ITA Nos.1842/Del/2014 & 2327/Del/2015)
Assessment Year: 2009-10 & 2010-11
HCL Technologies Ltd., Vs. D CIT,
806, Siddhartha, Central Circle-2,
96, Nehru Place, New Delhi.
New Delhi.
PAN: AAACH1645P
(Appellant) (Respondent)
Assessee by : Shri Aditya Vohra, Advocate
Revenue by : Shri N.K. Bansal, Sr.DR
Date of Hearing : 16.08.2019
Date of Pronouncement: 16.08.2019
ORDER
PER K. NARASIMHA CHARY, JM:
By way of these Stay Petitions, assessee seeks extension of stay that was originally granted on 10.12.2015. Operation of such stay order has been extended from time to time and lastly by order dated 15.02.2019 for a period of six months.
2. Ld. Authorized Representative submitted that subsequent to the latest stay order, the matter underwent adjournments because the ld. DR requested for the same on the ground that a Special Bench has to be constituted for adjudicating the transfer SA No.854 & 855/Del/2019 pricing issue relating to corporate guarantee and such a request is pending consideration. As of now, the appeal stands posted to 02.09.2019.
3. Ld. Departmental Representative does not dispute any of these facts.
4. Having regard to the facts and circumstances of the case, we are convinced that the delay in non-disposal of the appeal is not attributable to the conduct of the assessee and therefore, the stay could be extended for a further period of six months subject to the condition that the assessee shall not seek time, in the event of which the stay order shall stand cancelled.
5. In the result, Stay Petition of the assessee is allowed.
Order Pronounced in the Open Court on 16.08.2019.
Sd/- Sd/-
(R.K. PANDA) (K. NARASIMHA CHARY)
ACCOUNTANT MEMBER JUDICIAL MEMFBER
Dated: 16th August, 2019
dk
Copy forwarded to
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Dy. Registrar, ITAT, New Delhi
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