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Income Tax Appellate Tribunal - Delhi

Bose Corporation India Pvt. Ltd., New ... vs Acit, Circle- 5(1), New Delhi on 18 May, 2018

         IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCH: 'Friday' NEW DELHI
         Before Sh. N. K. Saini, AM And Sh. K. N. Chary, JM
                           S. A. No. 403/Del/2018
              (In ITA No. 6739/Del/2017 Asst. Year: 2013-14)
Bose Corporation India Pvt. Ltd.,      Vs    ACIT,
Salcon Aurum, 3rd Floor, Plot No. 4,         Circle-5(1),
Jasola district Centre,                      New Delhi
New Delhi-110025
(APPELLANT)                                  (RESPONDENT)
PAN No. AAACB3260A
                    Assessee by : Sh. R. P. Mall, Adv.
                    Revenue by : Sh. Kumar Parnav, Sr. DR
Date of Hearing : 18.05.2018           Date of Pronouncement: 18.05.2018

                                      ORDER
Per N. K. Saini, AM:

This Application has been moved by the assessee for extension of the stay already granted on 17.11.2017.

2. During the course of hearing, the ld. Counsel for the assessee submitted that the non-disposal of the appeal is not attributable to the assessee. Therefore, the say may be extended.

3. In his rival submissions, the ld. Sr. DR opposed the extension of the stay.

4. We have considered the submissions of both the parties and perused the material available on the record. In the present case, the assessee has narrated the sequence of the events in para (v) of the application which read as under:

Bose Corporation India Pvt. Ltd.

2 January, 2018 Legal Counsel of the Appellant attended the hearing but the matter was adjourned to 23 January, 2018 by the Hon'ble ITAT on the request of the department's representative. (Since the hearing for earlier year i.e. AY 2011-12 involving similar issue was fixed on 30 January, 2018, the hearing in this case was re-fixed on 30 January, 2018.) 30 January, 2018 Legal Counsel of the Appellant attended the hearing but the matter was adjourned to 14 March, 2018 by the Hon'ble ITAT due to paucity of time. 14 March, 2018 Legal Counsel of the Appellant attended the hearing but the matter was adjourned to 9 May, 2018 since Appellant's case for AY 2007-08 and AY 2008-09 involving similar issue was also listed for hearing before the Hon'ble Supreme Court.

9 May, 2018 Legal Counsel of the Appellant attended the hearing but the matter was adjourned to 31 July, 2018 since Appellant's case for AY 2007-08 and AY 2008-09 involving similar issue is pending for hearing before the Hon'ble Supreme Court.

5. From the above, it would be clear that delay in disposal of the appeal is not attributable to the assessee. Therefore, it is a fit case where the stay of the outstanding demand may be extended. Accordingly, the stay already granted to the assessee vide order dated 17.11.2017 is extended for a further period of six months or till the disposal of the appeal whichever is earlier.

6. In the result, the Stay Application of the assessee is allowed. (Order Pronounced in the open Court on 18/05/2018) Sd/- Sd/-

     (K. N. Chary)                                     (N. K. Saini)
JUDICIAL MEMBER                              ACCOUNTANT MEMBER
Dated: 18/05/2018
*Subodh*