Income Tax Appellate Tribunal - Chennai
Amtex Software Solutions Pvt Ltd., ... vs Acit (Osd) Corporate Range 1, Chennai on 9 February, 2018
आयकर अपील य अ
धकरण, 'सी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
' C' BENCH : CHENNAI
ी जॉज माथन, या यक सद
य के सम
ी एस जयरामन, लेखा सद
य
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER &
SHRI S.JAYARAMAN, ACCOUNTANT MEMBER
S.P. No.53/CHNY/2018
( I.T.A.No.399/CHNY/2018
Assessment year : 2013-14
M/s.Amtex Software Solutions Vs. The Assistant Commissioner of
Pvt Ltd., Income Tax,(OSD),
No.75,Century Centre, Corporate range-1,
TTK road,Alwarpet, Chennai-34.
Chennai 600 018.
[PAN ]AAFCA 0638 J
(अपीलाथ /Appellant) ( यथ /Respondent)
अपीलाथ क ओर से/ Appellant by : Ms.G.Vardini Karthik,Advocate
यथ क ओर से /Respondent by : Mr.Saji Jacob,Addl.CIT, D.R
सन
ु वाई क तार ख/Date of Hearing : 09-02-2018
घोषणा क तार ख /Date of Pronouncement : 09-02-2018
आदे श / O R D E R
PER GEORGE MATHAN, JUDICIAL MEMBER
This is a Stay Petition filed by the assessee in its appeal in ITA No.399/Mds./2018.
:- 2 -: SP No.53/CHNY/2018
2. Ms.G.Vardini Karthik, Advocate represented on behalf of assessee and Mr.Saji Jacob, Addl.CIT represented on behalf of Revenue.
3. It was submitted by the ld.A.R that assessee-company is doing software development services. It was a submission that the assessment was completed after making disallowance on guest house rent and related expenses, disallowance u/s.14A and an addition of interest on delayed remittance of income tax. It was a submission that the total demand of `66 lakhs raised on the assessee, against which the assessee has paid `46 lakhs. It was a submission that the assessee has filed an appeal on 02.02.2018 and appeal has not yet been posted for hearing. It was a prayer that the assessee may be granted stay of recovery of balance disputed tax and the assessee may be granted earlier hearing of the appeal.
4. In reply, the ld. Departmental Representative vehemently opposed the Stay Petition. It was a submission that the assessee must be directed to pay the balance of the disputed tax.
5. We have considered the rival submissions. The facts in the present case clearly shows that out of `66 lakhs due, the assessee has already paid more than `46 lakhs, and an amount of `20 lakhs is pending. This being so, without going into the merit of the appeal, it :- 3 -: SP No.53/CHNY/2018 is directed that the assessee is granted stay of recovery of the balance on disputed tax. The appeal of the assessee is posted for hearing on 04.04.2018. If the assessee seeks adjournment on the date of hearing, this stay order stands vacated. No notice is to be issued as the date of hearing has been pronounced in open court.
6. In the result, the Stay Petition filed by the assessee is allowed.
Order pronounced in the open court on 09th February, 2018, at Chennai.
Sd/- Sd/-
(एस जयरामन) ( जॉज माथन)
(S.JAYARAMAN) (GEORGE MATHAN)
लेखा सद#य /ACCOUNTANT MEMBER या$यक सद#य/JUDICIAL MEMBER
चे नई/Chennai
'दनांक/Dated: 09th February, 2018.
K S Sundaram
आदे श क त+ल,प अ-े,षत/Copy to:
1. अपीलाथ /Appellant 3. आयकर आयु.त (अपील)/CIT(A) 5. ,वभागीय त न1ध/DR
2. यथ /Respondent 4. आयकर आयु.त/CIT 6. गाड4 फाईल/GF