Income Tax Appellate Tribunal - Kolkata
M/S. Garg Brothers Pvt. Ltd.,, Kolkata vs Dcit, Central Circle - 3(2), Kolkata , ... on 9 March, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH : KOLKATA
[Before Shri M.Balaganesh, AM & Hon'ble Shri S.S.Viswanethra Ravi, JM]
S.A.No.24/Kol/2018
(A/o I.T.A Nos. 2519 /Kol/2017)
Assessment Year : 2009-10
M/s Garg Brothers Pvt. Ltd. -vs- DCIT,CC-3(2), Kolkata
[PAN : AAACG 9775 F]
(Appellant) (Respondent)
For the Appellant : Shri S.K. Tulsiyan, Adv.
For the Respondent : Shri S. Dasgupta, Addl. CIT (DR)
Date of Hearing : 09.03.2018
Date of Pronouncement : 09.03.2018
ORDER
Per M.Balaganesh, AM
By virtue of this stay application the assessee seeks to keep the demand of Rs. 1,41,00,070/- in abeyance which was raised in the assessment year 2009-10 consequent to the giving effect order passed by the ld. AO u/s 144/263/153A of the Act on 15.12.2017. During the course of hearing, the ld. AR stated that the appeal against the order passed by the Ld. CIT u/s 263 of the Act is pending before this Tribunal and is to be listed for hearing. During the course of hearing, he stated that out of turn hearing of this appeal may kindly be granted.
2. We have heard the rival submissions. In the facts and circumstances of the case, we are inclined to grant early hearing of the appeal against the section 263 order of the Ld. CIT and accordingly, the appeal is listed for hearing on 2 S.A.No.24/Kol/2018 A/o ITA Nos.2529/Kol/2017 M/s Garg Brothers Pvt. Ltd.
A.Y.2009-10 28.03.2018 for which both the parties are informed in the open court and no fresh notices would follow.
3. In the result, the stay application of the assessee is dismissed and early hearing of the main appeal is granted on 28.03.2018.
Order pronounced in the open Court on 09.03.2018.
Sd/- Sd/-
[S.S.Viswanethra Ravi] [M.Balaganesh]
Judicial Member Accountant Member
Dated : 09.03.2018
SB, Sr. PS
Copy of the order forwarded to:
1. M/s Garg Brothers Pvt. Ltd., 57, Burtolla Street, Kolkata-700007.
2. DCIT, CC-3(2), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, Kolkata- 700107.
3. CIT(A)- , Kolkata 4. CIT, Kolkata
5. CIT(DR), Kolkata Benches, Kolkata True copy By Order Senior Private Secretary Head of Office/D.D.O., ITAT Kolkata Benches, Kolkata.
2