Income Tax Appellate Tribunal - Rajkot
Iss Shipping India Pvt. Ltd., (As Agent ... vs Dy. Commr. Of Income Tax ( International ... on 2 August, 2019
आयकर अपील य अ धकरण, अहमदाबाद यायपीठ ।
IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT
[Conducted through "E" Court at Ahmedabad]
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND
SHRI AMARJIT SINGH, ACCOUNTANT MEMBER
Stay Petition No.1 and 2/RJT/2019
IN
ITA.No.429 and 430/RJT/2019
नधा रण वष /Asstt.Year : 2017-2018
ISS Shipping India P.Ltd. DCIT (Exemption)
(As Agent for Maersk Tankers Vs Cir.1
Singapore Pte. Ltd., Singapore) Ahmedabad.
Unit No.101, 1st Floor
Reliable Plaza
Plot No.8-10
Thane Belapur Road
Airoli, Navi Mumbai 400 002.
(Applicant) '(यथ*/ (Respondent)
Assessee by : None
Revenue by : Shri Ranjeet Singh, CIT-DR
सन
ु वाई क तार ख/ Date of Hearing : 02/08/2019
घोषणा क तार ख / Date of Pronouncement: 02/08/2019
आदे श/O RDER
PER RAJPAL YADAV, JUDICIAL MEMBER: Present two Stay Petitions
are directed at the instance of the assessee for grant of ad-interim stay of outstanding demand amounting to Rs.9,49,937/- (Stay Petition No.1 of 2019) and Rs.1,88,10,008/- (Stay Petition No.2 of 2019).
2. It is pleaded in the application that earlier the assessee moved stay Petition Nos.5 & 6/Rjt/2018 which were allowed by the Tribunal vide order dated 21.1.2019. The appeals of the assessee were taken up for hearing by the Bench on 25.4.2019. The ld.counsel for the assessee SP No1 AND 2/Rjt/2019 2 heard at length and thereafter it was adjourned to 20.6.2019. It was treated as part-heard. Since much time has expired between the initial hearing vis-avis when it could be taken up for hearing again, therefore, the appeal was released from part-heard and ref-fixed. Now, the appeals are re-fixed on 9.8.2019. Notices have been issued to this effect. The Stay Petitions were moved on 22.7.2019 and the Registry has fixed them for hearing today. However, an adjournment application is being moved by the assessee pleading therein that their arguing counsel is not available, and therefore fresh hearing be granted. After going through the record, we do not deem it necessary to grant any adjournment. The stay was granted by the Tribunal on 21.1.2019 by observing as under:
"7. We have heard the rival contentions and perused the materials available on record. Having regard to the facts of the case as discussed above, we are of the view that the claim of the assessee on merit would be dealt in detail and appropriately at the time of hearing of the appeal. But after evaluating the prima facie case of the assessee, we are inclined to grant the stay to the assessee subject to the deposit of Rs. 60 lacs in installment towards the outstanding demand of tax as detailed under:
(i) 1st installment for a sum of Rs.20,00,000/- on or before 15-2-2019.
(ii) 2nd installment for a sum of Rs. 20,00,000- on or before 28-2-019.
(iii) 3rd installment for a sum of Rs. 20,00,000/- on or before 31-3-2019.
7.1. Accordingly, we direct that the said outstanding demand be kept in abeyance till the disposal of the appeal by the Tribunal or for 6 months whichever is earlier. We also direct the registry to fix the appeal of the assessee for hearing out of turn on 25th April 2018, which is a date agreed by the Id Representative of both the sides as convenient to them. Since the date of hearing was announced in the open court hence, the requirement of issuance of a formal notice of hearing is at this moment dispensed with.
7.2. It is also important to note that the assessee shall not seek any adjournment of the case on the date of hearing and if it does so, the bench hearing the appeal of the assessee will be at liberty to revoke this order granting the stay of recovery of the outstanding demand. Thus, the stay petition filed by the assessee is allowed as stipulated above."
SP No1 AND 2/Rjt/2019 3
3. The assessee has complied with directions given in the earlier order. No delay is attributable to the assessee for early disposal of these appeals. Therefore, we deem it appropriate to extend the stay for further period of six months or till the disposal of the appeals, whichever event occurs first. The assessee is directed not to seek any adjournment unless unavoidable circumstance warrants so. Since the appeals have already been fixed on 29th August, 2019, therefore, we do not deem it necessary to change the date of hearing. With the above observations both the Stay Petitions are allowed.
4. In the result, both the stay petitions of the assessee are disposed off as per the terms indicated hereinabove.
Order pronounced in the Court on 2nd August, 2019 at Ahmedabad.
Sd/- Sd/- (AMARJIT SINGH) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 28/08/2019