Capgemini India P.Ltd , vs Assessee

M/s. Capgemini India Private Asst. Commissioner of Income Limited, Tax - 10(2), Plant 2, Block "A", Room No.432, 4th Floor, Godrej IT Park, Vs. Aayakar Bhavan, Godrej and Boyce Compound, Mumbai - 400020 LBS Marg, Mumbai - 400 079 PAN: AAACK 2632B (Appellant) (Respondent)

Assessee by : Shri Nikhil Tiwari, A.R. Revenue by : Shri Asghar Zain V.P., D.R.

Date of Hearing : 13.03.2015 Date of Pronouncement : 13.03.2015

ORDER

Per Sanjay Garg, Judicial Member:

The present application has been filed by the assessee seeking extension of stay of recovery of outstanding tax and interest demand by the Revenue, which was granted by this Tribunal vide order dated 07.12.12 subject to payment of Rs.26 crores by the assessee into two equal installments. The said stay was granted by the Tribunal for a period of six months or till the disposal of the appeal whichever is earlier. The assessee deposited the conditional amount of Rs.26 crores. However, the appeal could not be disposed off within the period of six months. The assessee again moved an application for extension of the stay order which was granted vide order dated 07.06.13 for further six months. The appeal could not be disposed off within the said further six months period and the assessee moved another application for extension of stay, which was allowed by the Tribunal subject to further deposit 2 SA No.97/M/2015 (Arising out of ITA No.7099/M/2012) M/s. Capgemini India Private Limited

of Rs.4 crores with the Revenue into two equal installments. That amount was also deposited by the assessee. Thereafter, the appeal could not be disposed off during the stay period and the assessee had sought extension of the stay further for two times which was allowed by the Tribunal vide order dated 13.06.14 for a period of six months and further vide order dated 09.12.14 for a period of three months respectively, which has expired on 12.03.15. The assessee has thus come before us seeking further extension of the stay order.

2. The assessee has submitted a chart vide para 8 of the application showing that on none of the dates/occasions the matter was adjourned for any default or lapse on the part of the assessee. Most of the times, the matter was either adjourned by the Tribunal due to certain reasons or that the Bench was not functioning or that the Ld. D.R. had sought adjournment. The assessee had not sought any adjournment during the pendency of the appeal before this Tribunal. Keeping in view of the above submissions of the assessee, the stay of recovery is further extended for three months or till the disposal of the appeal whichever is earlier. The remaining conditions such as that the assessee will not seek any adjournment or will not contribute for any delay in disposal of the matter will remain the same.

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

Order pronounced in the open court on 13.03.2015.

Sd/- Sd/- (R.C. Sharma) (Sanjay Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER

Mumbai, Dated: 13.03.2015 * Kishore, Sr. P.S. 3 SA No.97/M/2015 (Arising out of ITA No.7099/M/2012) M/s. Capgemini India Private Limited

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.