Income Tax Appellate Tribunal - Panji
Johnson Matthey Chemicals India ... vs Addl.Commissioner Of Income Tax,, ... on 16 June, 2017
आयकर अपीऱीय अधिकरण पुणे न्यायपीठ "ऐ" पुणे में
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "A", PUNE
सुश्री सुषमा चावऱा, न्याययक सदस्य एवं श्री अयिऱ चतुवेदी, ऱेखा सदस्य के समक्ष
BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM
रोक आवेदि सं./SA Nos.68 to 70/PUN/2017
Arising out of ITA Nos.1507, 2276 & 2036/PUN/2012
यििाारण वषा / Assessment Years : 2004-05, 2004-05 & 2005-06
Johnson Matthey Chemicals India Pvt. Ltd.,
Plot No.6A, MIDC Industrial Estate,
Taloja, Dist. Raigad,
Maharashtra - 410208 ... Applicant
PAN: AABCJ1620M
Vs.
The Addl. Commissioner of Income Tax,
Panvel Circle, Panvel ... Respondent
Applicant by : Shri Rajendra Agiwal
Respondent by : Shri Achal Sharma
सन
ु वाई की तारीख / घोषणा की तारीख /
Date of Hearing : 16.06.2017 Date of Pronouncement: 16.06.2017
आदे श / ORDER
PER SUSHMA CHOWLA, JM:
The captioned Stay Applications have been preferred by the applicant seeking extension of stay of the demand relating to assessment years 2004-05 and 2005-06.
2
SA Nos.68 to 70/PUN/2017 Arising out of ITA Nos. 1507, 2276 & 2036/PUN/2012
2. The learned Authorized Representative for the applicant pointed out that initially the recovery of the outstanding demand had been stayed by the Tribunal in SA Nos.01, 28 and 58/PN/2013, vide order dated 15.02.2013 and SA Nos.143, 144 & 145/PN/2013, order dated 18.06.2013 subject to payment of Rs.3 crores in three equal instalments. He further pointed out that the applicant had complied with the directions of Tribunal. Thereafter, the Tribunal had extended the stay for recovery of the outstanding demand from time to time. He submitted that the last stay was extended on 02.12.2016 vide SA Nos.101 to 103/PN/2016, order dated 02.12.2016. He further pointed out that the delay in disposal of appeals is not attributable to the applicant and the Revenue had sought adjournments in the said appeals. Hence, extension of stay on the recovery of the said demand was sought by the learned Authorized Representative for the applicant.
3. The learned Departmental Representative for the Revenue pointed out that the assessee be asked to deposit part of the demand.
4. We have heard the rival contentions and perused the record. The Tribunal vide order dated 02.12.2016 had granted stay for recovery of outstanding demand, which has now expired. The applicant seeks extension for recovery of outstanding demand till the disposal of appeals pending with the Tribunal. The appeals have been fixed for hearing and are slated for hearing on 22.08.2017. The applicant has already deposited Rs.3 crores as directed in the earlier stay order. In the facts and circumstances of the case when there is no change in factual position, we find merit in the plea of the applicant and accordingly, we stay the recovery of outstanding demand 3 SA Nos.68 to 70/PUN/2017 Arising out of ITA Nos. 1507, 2276 & 2036/PUN/2012 relating to the captioned assessment years till the disposal of appeals pending with the Tribunal or six months from the date of this order, whichever is earlier. No coercive steps shall be taken by the Assessing Officer for recovery of outstanding demand relating to captioned assessment years till the disposal of appeals pending with the Tribunal. The appeals of the applicant are fixed for hearing on 22.08.2017 and both the parties have been directed to argue the appeals. Accordingly, the stay applications moved by the applicant are disposed of.
5. In the result, the Stay Applications filed by the applicant are allowed as indicated above.
Order pronounced in the open court on this 16th day of June, 2017.
Sd/- Sd/-
(ANIL CHATURVEDI) (SUSHMA CHOWLA)
ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER
पुणे / Pune; दिनाांक Dated : 16th June, 2017.
GCVSR Copy to:
1. The Applicant;
2. Department;
3. The CIT(A)-I, Thane;
4. The CIT-I, Thane;
5. The DR "A" Bench, ITAT, Pune.
6. Guard File.
आदे शािुसार/ BY ORDER, सत्यापपत प्रतत //True Copy// सहायक पांजीकार / Assistant Registrar, आयकर अपीऱीय अधिकरण ,पुणे / ITAT, Pune