Mondelez India Foods Pvt. ... vs Assessee
- CitationITA No. 7539/Mum/2012)
Ratio decidendi
The rule this decision rests on
Where a stay of demand has been granted by the Tribunal and is due to expire, the Tribunal may extend it, notwithstanding the Revenue's contention that it lacks power to extend a stay beyond one year, where the facts and circumstances have not changed since the first stay and the delay in hearing is attributable to reasons beyond the assessee's control. Where the decisions of non-jurisdictional High Courts are cited against the assessee, the Tribunal is bound by the decision of the jurisdictional High Court on the point and must follow it in preference to contrary decisions of other High Courts.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
M/s. Mondelez India Foods P. Ltd. Addl. CIT, Range 5(1) (Formerly Mondelez India Foods. Ltd.) Mumbai Mondelez House, Unit No. 2001 20th Floor, Tower-3 (Wing C) Vs. India Bulls Finance Centre Parel, Mumbai 400013 PAN - AAACC04060H Applicant Respondent
Applicant by: Shri Nishant Thakkar Respondent by: Shri Vijay Kumar Bora
Date of Hearing: 20.03.2015 Date of Pronouncement: 20.03.2015
ORDER
Per N.K. Billaiya, A.M.
This stay application is moved by the assessee requesting for stay of demand arising out of assessment order for A.Y. 2008-09.
2. Learned counsel for the assessee brought to our notice that the Tribunal, vide SA No. 259/Mum/2014, has granted stay for the year under consideration subject to payment of `1 crore. The counsel drew our attention to the challan for `1 crore dated 08.10.2014. It is the say of the counsel that the stay is expiring in the month of March, 2015 and for no fault of the assessee, whenever the case came up for hearing, it was adjourned. The counsel requested for extension of the stay.
3. The learned D.R. strongly opposed to the extension of stay stating that the Tribunal has no power to extend the stay beyond one year. In support he relied upon the decision of the Hon'ble Delhi High Court in the case of M/s.
2 SA No. 102/Mum/2015 M/s. Mondelez India Foods P. Ltd.
Maruti Suzuki (India) Ltd. in Writ Petition No. 5086/2013 and also on the decision of the Hon'ble Karnataka High Court in the case of Ecom Gill Coffee Trading (P) Ltd. 252 CTR 281.
4. Having heard the rival submissions we have carefully perused the record and the decision of the Tribunal dated 12.09.2014 granting stay. In our considered opinion the facts and circumstances have not changed since the grant of first stay. We also find that whenever the case was posted for hearing it was adjourned for reasons beyond the control of the assessee. We, therefore, do not find any reason for not extending the stay. The decisions relied upon by the learned D.R. are of non-jurisdictional High Courts. With our utmost respect to the Hon'ble Delhi High Court and Hon'ble Karnataka High Court, we are governed by the decision of the Hon'ble jurisdictional High Court. Respectfully following the decision of the Hon'ble jurisdictional High Court in the case of M/s. Ronuk Industries Ltd. 15 taxmann.com 369 the stay is extended for a period of six months or till the disposal of the appeal, whichever is earlier. We understand that the appeal is posted for hearing on 5th May, 2015, therefore, no separate notice is required.
5. In the result, the stay application filed by the assessee is allowed.
Order pronounced in the open court on 20th March, 2015.
Sd/- Sd/- (Vijay Pal Rao) (N.K. Billaiya) Judicial Member Accountant Member
Mumbai, Dated: 20th March, 2015
Copy to:
1. The Appellant 2. The Respondent 3. DRP-I, Mumbai 4. The CIT/DIT concerned 5. The DR, "K" Bench, ITAT, Mumbai By Order
//True Copy// Assistant Registrar ITAT, Mumbai Benches, Mumbai n.p.
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