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Ecl India Project Office, Bhubaneswar vs Assessee

Income Tax Appellate Tribunal23 January 2015

Ratio decidendi

The rule this decision rests on

The Tribunal, having been satisfied that the assessee had complied with an earlier direction by paying Rs. 5,00,00,000/- toward the tax demand, and that this payment was not disputed by the Revenue, held that in the interest of natural justice the stay of recovery of the balance demand should be extended until the earlier of 20.02.2011 or disposal of the appeals, the appeals being fixed for hearing on 02.02.2015.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH: KOLKATA [Before Shri N. K. Saini, AM & Shri Mahavir Singh, JM ]

S. P. No.132/Kol2014 In S.P. No. 98/Kol/2014 In आयकर अपील सं या / I.T.A No. 40/CTK/2014 नधॉरण वषॅ/Assessment Year: 2008-09 & S. P. No.133/Kol/2014 In S.P. No. 99/Kol/2014 In आयकर अपील सं या / I.T.A No. 41/CTK/2014 नधॉरण वषॅ/Assessment Year: 2010-11

M/s. ECL India Project Office Vs. Deputy Director of Income-tax (IT), (PAN:AABCE6119L) Bhubaneswar (आवेदक /Applicant) ( यथ /Respondent)

Date of hearing: 23.01.2015 Date of pronouncement: 23.01.2015

Applicant by : S/Shri Rajiv Anand & Sujit Parakh, FCA Respondent by: Shri Vijay Kumar, CIT

ORDER for Extension of Stay

Per Shri Mahavir Singh, JM :

By way of these Stay Applications applicant/assessee seeks to extend the stay extended by ITAT vide its order dated 05.09.2014 of Rs.11,54,35,382/- for AY 2008-09 and Rs.17,52,75,490/- for AY 2010-11.

2. We have heard rival submissions and gone through the order of extension of the Tribunal passed on 05.09.2014 . We find that assessee had duly complied with the directions of the ITAT and made payment of taxes of Rs.5,00,00,000/-. This fact has also not disputed by the Ld. Sr. DR at the time of hearing of this stay petitions. Hence, in the interest of natural justice, we are inclined to extend the stay for balance demand till 20.02.2011 or disposal of the appeals whichever is earlier and appeal is already fixed for hearing on 02.02.2015. Hence, the stay petitions of the assessee are allowed.

3. In the result, the stay petitions filed by the assessee are allowed.

4. Order is pronounced in the open court.

Sd/- Sd/- (N. K. Saini) (Mahavir Singh) Accountant Member Judicial Member Dated : 23 rd January, 2015 व र ठ निज स चव Jd.(Sr.P.S.)

2 S.P. Nos. 132 & 133/Kol/2014 in S.P. Nos 98 & 99/K/2014 in ITA Nos.40 & 41/CTK/2014 ECL India Project Office AY 2008-09 & 10-11

आदेश क त ल प अ े षतः- Copy of the order forwarded to:

1. अपीलाथ /APPELLANT - M/s. ECL India Project Office, N-3/356, IRC Village, Nayapalli, Bhubaneswar-751015 2 यथ / Respondent -DDIT (Intl. Taxation), Bhubaneswar

3. आयकर क मशनर (अपील)/ The CIT(A),

4. आयकर क मशनर/ CIT

5. वभा गय तनीधी / DR, Kolkata Benches, Kolkata स या पत त/True Copy, आदेशानुसार/ By order,

सहायक पंजीकार/Asstt. Registrar.

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