Income Tax Appellate Tribunal - Pune
Sinhgad Technical Education Society, ... vs Department Of Income Tax on 24 September, 2010
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH PUNE
Before Shri Shailendrakumar Yadav and
Shri D. Karunakara Rao
MA No. 175/PN/10 (Arising out of SA No. 30/PN/10 &
ITA No. 320/PN/10)
A.Y 2006-07
ACIT .... Appellant
Circle 2(2),
Pune
Vs.
Sinhgad Technical Education Society .... Respondent
S.No. 44/1 Vadgaon (Budruk),
Off Sinhgad Road,
Pune-411041
PAN No. AABTS3300Q
Appellant by : Shri Hareshwar Sharma
Respondent by : Shri S.N. Doshi
ORDER
Per D. Karunakara Rao AM This is the Miscellaneous Application by the Revenue, in connection with the stay order vide SA No. 30/PN/10 arising out of ITA No. 320/PN/10. Vide this MA, the Revenue prayed for vacating the stay granted by the Tribunal vide our stay order dated 24-09-2010. Otherwise, the Counsel for the assessee has mentioned that the terms and conditions as mentioned in para 10 of our stay order was not complied with for the bonafide reasons. Further, Ld. Counsel for the assessee fairly mentioned that the stay order of the Tribunal dated 24-09- 2010 was affirmed not only by the Jurisdictional High Court of Bombay but also by the Supreme Court. However, the assessee is not in a position to comply with the said terms and conditions set by the Tribunal due to lack of funds.
2. During the proceedings, an argument was raised whether the instant MA should be considered infructuous as the stay order of the Tribunal itself indicates the conditional stay and the consequences of non-compliance to complying with the terms and conditions are obvious. On the issue, both the parties finally concurred on the above indications and consequences. It is obvious from the said order that the stay granted is conditional and in case of failure the stay has MA No. 175/PN/10 Arising out of SA No. 30/PN/10 & ITA No. 320/PN/10 Page 2 of2 no force and consequently, the revenue is free to enforce collection as per the provisions of the Income tax Act, 1961. Considering the above we are of the opinion that the MA has to be dismissed as infructous.
4. In the result, the MA of the Revenue is dismissed.
Order pronounced on 14th January, 2011.
Sd/- Sd/-
(SHAILENDRAKUMAR YADAV) (D.KARUNAKARA RAO)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Pune dated the 14th January, 2011
R
Copy of the order is forwarded to :
1. ACIT, Central Circle 2(2), Pune
2. Assessee
3. CIT, Central, Pune
4. D.R. ITAT Pune Bench, Pune
By order
Assistant Registrar
I.T.A.T Pune