Income Tax Appellate Tribunal - Chennai
Virtusa Consulting Services Private ... vs Dcit Large Taxpayerunit Circle-1, ... on 3 December, 2021
आयकर अपील य अ धकरण, 'डी ' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL , 'D' BENCH, CHENNAI
ी वी.दग
ु ा राव, या यक सद य एवं ी जी.मंजुनाथ, लेखा सद य के सम%
BEFORE SHRI V.DURGA RAO, JUDICIAL MEMBER
AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER
Stay P etition No.44/Chny/2021
[In IT(TP )A No.25/Chny/2020]
( नधारणवष / Assessm ent Year: 2009-10)
M/s. Virtusa Consulting Services Pvt.Ltd Vs The Deputy Commissioner of
[Earlier known as Polaris Consulting & Income Tax ,
Services Ltd. prior to amalgamation and prior to Large Tax Payer Unit
that as Polaris Financial Technology Ltd.]
Circle-1,
34, Foundation, IT Highway, Navallur
Chennai-34.
Chennai-600 103.
PAN:AACCV 67 97L
( ाथ क /Petitioner) ( यथ /Respondent)
ाथ क क ओरसे/ Petitioner by : Mr. A.R. Balaji, CA
यथ क ओरसे/Respondent by : Mr. AR V Sreenivasan, Addl.CIT
सुनवाई क तार ख/Dat e o f hear ing : 03.12.2021
घोषणा क तार ख /Date of P r on ou n ce m ent : 03.12.2021
आदे श / O R D E R
PER G. MANJUNATHA, AM:
M/s. Virtusa Consulting Services Pvt.Ltd., the assessee has filed present stay application seeking extension of stay granted by the Tribunal vide its order dated 23.12.2020 in S.P.No.194/Chny/2020 for assessment year 2009-10.
2. The learned A.R for the assessee referring to stay application filed by the assessee submitted that the Tribunal has granted stay of disputed demand with a direction to the Assessing Officer to adjust refund due to the assessee for 2 S.P No. 44 /Chny/2021 assessment year 2016-17 to the extent of 20% of disputed demand i.e. Rs.7,58,24,142/- for assessment year 2009-10. The learned AR further submitted that the assessee has pursued matter with the Assessing Officer to comply with directions of the Tribunal for adjustment due to the assessee for subsequent assessment years. In the mean time, stay granted by the Tribunal was expired. The appeal of the assessee could not be disposed off by the Tribunal, but delay in disposal of appeal could not be attributed to the assessee, because the Revenue has sought adjournments on various occasions when appeal was posted for hearing. Therefore, considering fact that the assessee has complied with conditions imposed by the Tribunal for granting stay and also there is no fault of the assessee in not disposing off appeal, stay may be extended till such time, appeal filed by the assessee is disposed off by the Tribunal.
3. The learned DR, on the other hand, referring to a letter filed by the assessee to Assessing Officer requesting adjustment of refund submitted that the Assessing Officer has already initiated process of adjustment of refund due for 3 S.P No. 44 /Chny/2021 assessment year 2016-17 for disputed demand of assessment year 2009-10. But, due to technical reasons, same could not be completed. However, he fairly agreed that the issue is already in process and thus, stay may be granted to the assessee.
4. We have heard both the parties and perused stay application filed by the assessee along with letter filed by the Assessing Officer and we find that the assessee has pursued matter of adjustment of refund due for assessment year 2016- 17 for disputed demand of assessment year 2009-10. Further, delay in disposal of appeal filed by the assessee is not attributable to the assessee. Therefore, considering facts and circumstances of the case, we are of the considered view that it is a fit case for extension of stay granted by the Tribunal for further period of three months from the date of this order or till such time appeal filed by the assessee is disposed off by the Tribunal. Hence, we grant stay for outstanding demand for a period of three months or till disposal of appeal by the Tribunal, whichever is earlier, subject to condition that the assessee shall co-operate with the Assessing Officer for adjustment of refund to the disputed demand. The appeal filed by the assessee shall 4 S.P No. 44 /Chny/2021 come up for hearing on 20.01.2022. The assessee shall not seek adjournment for any reasons, unless otherwise warranted.
5. In the result, stay application filed by the assessee is disposed off in terms of our observations given hereinabove.
Order pronounced in the open court on 3rd December, 2021 Sd/- Sd/-
( वी.दग
ु ा राव) (जी.मंजुनाथ)
(V.Durga Rao) (G.Manjunatha)
या यक सद य /Judicial Member लेखा सद य / Accountant Member
चे नई/Chennai,
"दनांक/Dated 3rd December, 2021
DS
आदे श क त&ल'प अ*े'षत/Copy to:
1. Appellant 2. Respondent 3. आयकर आयु+त (अपील)/CIT(A)
4. आयकर आयु+त/CIT 5. 'वभागीय त न1ध/DR 6. गाड फाईल/GF.