Bharathi Cement Corporation Pvt Ltd, ... vs Assessee

By this stay application, the assessee is seeking extension of stay of outstanding demand earlier granted by the Tribunal vide its order dated 27th August, 2004.

2. We have heard the arguments of both sides and also perused relevant material on record. It is observed that the demand outstanding against the name of the assessee for A.Y. 2009-2010 was earlier stayed by the Tribunal vide its order dated 27.08.2014 in S.A.No.89/Hyd/2014 for a period of six months or till the disposal of the appeal of the assessee whichever is earlier. As noted by the Tribunal in the said order, the hearing of the appeal of the assessee fixed on 27.08.2014 could not take place as the learned D.R. sought adjournment.

2 S.A.No.4/Hyd/2015 in ITA.No.696/Hyd/2014 M/s. Bharathi Cement Corporation P. Ltd., Hyderabad.

Accordingly, the hearing was adjourned to 28.10.2014 when the learned D.R. again sought adjournment. Thereafter, the hearing was fixed on 30.12.2014 but the same got adjourned as per the direction of the Tribunal to 17.03.2015. It is thus clear that the delay in disposal of the appeal of the assessee is not attributable to the assessee and it is a fit case to extend the stay of demand already granted for a further period of six months or till the disposal of the appeal of the assessee whichever is earlier. We order accordingly.

3. In the result, stay application of the assessee is allowed.

Order pronounced in the open court on 20.02.2015.

Sd/- Sd/- (SAKTIJIT DEY) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER

Hyderabad, Dated 20th February, 2015

VBP/-

Copy to

1. Bharathi Cement Corporation P. Ltd., 8-2-696, Carmel Point, Road No.12, Banjara Hills, Hyderabad-500 034.

2. ACIT, Circle 2(3), I.T. Towers, Opp. Mahaveer Hospital, A.C. Guards, Hyderabad.

3. CIT(A)-III, Hyderabad

4. CIT-II, Hyderabad

5. D.R. "B" Bench, ITAT, Hyderabad.