Income Tax Appellate Tribunal - Mumbai
Asb International P.Ltd, Thane vs Dcit Cir 1, Kalyan on 21 December, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL,
MUMBAI BENCH "K", MUMBAI
BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND
SHRI RAJESH KUMAR, ACCOUNTANT MEMBER
SA No.538/M/2018
(Arising out of ITA No.6274/M/2018)
Assessment Year: 2014-15
M/s. ASB International Deputy Commissioner of
Pvt. Ltd., Income Tax-1,
Plot No.E-9, MIDC 1st Floor, Mohan Plaza,
Industrial Area, Wayle Nagar,
Vs.
Anand Nagar, Khadakpada,
Addl. Ambernath (East), Kalyan West,
Thane - 421 506 Kalyan-Dombivali,
PAN: AAACA8424F Maharashtra
Pin : 421301
(Appellant) (Respondent)
Present for:
Assessee by : Shri Amar Gohlot, A.R.
Revenue by : Shri Manish Kumar Singh, D.R.
Date of Hearing : 21.12.2018
Date of Pronouncement : 21.12.2018
ORDER
Per Rajesh Kumar, Accountant Member:
By way of this stay application the assessee seeks the stay of demand of Rs.3,20,31,928/- arising out of the assessment order framed under section 143(3) read with section 144C(13) dated 25.09.2018.
2. During the course of hearing the Ld. A.R. was put to a query by the Bench as to whether the assessee has moved any stay application before the AO or Pr. CIT and status thereof as on date which was responded by the Ld. A.R. that no such stay application was filed before any of the two authorities i.e. AO or Pr. CIT. The Bench asked the Ld. A.R. to explain as to why the SA No.538/M/2018 2 (Arising out of ITA No.6274/M/2018) M/s. ASB International Pvt. Ltd.
stay application of the assessee should not be dismissed as the assessee has not exhausted the alternative remedies available before the assessee. The Ld. A.R. prayed before the Bench thereafter that the present stay application may kindly be allowed to be withdrawn. The Ld. D.R. did not object to the withdrawal of the stay application of the assessee. Considering the facts and circumstances of the case the stay application is allowed to be withdrawn.
3. In the result, the stay application of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 21.12.2018.
Sd/- Sd/-
(C.N. Prasad) (Rajesh Kumar)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated: 21.12.2018.
* Kishore, Sr. P.S.
Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The CIT (A) Concerned, Mumbai
The DR Concerned Bench
//True Copy// [
By Order
Dy/Asstt. Registrar, ITAT, Mumbai.