Income Tax Appellate Tribunal - Kolkata
Asansol Durgapur Development ... vs Ito(Tds), Durgapur, Durgapur on 3 February, 2017
1
S.P. Nos. 02 & 03/Kol/2017
Asansol Durgapur Development Authority, AYs 2010-11 & 2011-12
IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH: KOLKATA
[Before Shri N. V. Vasudevan, JM & Shri M. Balaganesh, AM]
S.A. Nos. 02 & 03/Kol/2017
In I.T.A Nos. 279 & 280/Kol/2016
Assessment Years: 2010-11 & 2011-12
Asansol Durgapur Development Authority Vs. Income-tax Officer (TDS), Durgapur
(PAN: AAALA0733G)
(Applicant) (Respondent)
Date of hearing: 03.02.2017
Date of pronouncement: 03.02.2017
For the Applicant: Dr. Samir Chakraborty, Sr. Advocate &
Shri Arnab Chakraborty, Advocate
For the Respondent: N o n e
ORDER
Per Shri N. V. Vasudevan, JM
These are stay applications filed by the assessee praying for an order extending the order of stay of recovery of outstanding demand arising out of the orders of assessment for AYs. 2010-11 and 2011-12.
2. It is not in dispute before us that this Tribunal after considering the existence of prima facie case, balance of convenience and relative hardship by an order dated 18.03.2016 granted stay of recovery of outstanding demand arising out of order of assessment for AYs. 2010-11 and 2011-12. The aforesaid order of stay was in operation for period of six months from 18.03.2016. The appeals of the assessee were fixed for out of turn hearing on 04.05.2016. The appeals of the assessee, however, could not be heard for reasons not attributable to the assessee. Under these circumstances, the assessee has filed the present applications praying for an order of stay of recovery of outstanding demand for a period of six months from today.
3. None were present on behalf of the department. Considering the facts and circumstances narrated as above, we are of the view that there should be an order of stay of recovery of outstanding demand for a period of six months from today. The existence of prima facie case, balance of convenience and relative hardship remain the same as it 2 S.P. Nos. 02 & 03/Kol/2017 Asansol Durgapur Development Authority, AYs 2010-11 & 2011-12 remained when this Tribunal passed an order of stay dated 18.03.2016 on the SA Nos. 09 & 10/Kol/2016.
4. In the result, Stay applications are allowed.
Order is pronounced in the open court.
Sd/- Sd/-
(M. Balaganesh) (N. V. Vasudevan)
Accountant Member Judicial Member
Dated : 3rd February, 2017
Jd.(Sr.P.S.)
Copy of the order forwarded to:
1. Appellant - Asansol Durgapur Development Authority, 1st Administrative Building, City Centre, Durgapur-713 216. 2 Respondent -ITO (TDS), Durgapur
3. The CIT(A), Durgapur
4. CIT , Durgapur
5. DR, Kolkata Benches, Kolkata /True Copy, By order, Asstt. Registrar.