Piruz Areez Khambatta,, Ahmedabad vs Assessee

आयकर अपीलीय अिधकरण, अिधकरण, अहमदाबाद यायपीठ 'ए' अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI S. S. GODARA, JUDICIAL MEMBER Stay Application No. 32/Ahd/2015 (in ITA No.2304/Ahd/2013) Assessment Year : 2002-03 Piruz Areez Khambatta, V/s. The ACIT, B/h. Ellisbridge Gymkhana, Circle-5, Ellisbridge, Ahmedabad Ahmedabad PAN No. ABMPK 6324 N (Applicant) .. (Respondent)

Assessee(s) by : Shri P. F. Jain, AR Revenue by : Shri Dinesh Singh, Sr.DR.

सुनवाई क तार ख/ / Date of Hearing : 15/04/2015 घोषणा क तार ख /Date of Pronouncement : 15/04/2015

आदे श/O R D E R

PER G.D. AGRAWAL, VICE PRESIDENT:

By this stay petition, the assessee has sought the extension of stay of Rs.1,60,65,000/-.

2. At the time of hearing before us, Shri P.F. Jain, ld. Counsel for the assessee pointed out that originally the stay was granted by the Bench upto 31st December 2014 which was further extended upto the end of February 2015 vide order dated 9th January 2015 in Stay Petition No. 122/Ahd/2014. He submitted that the appeal had already been heard by the Bench and the order is awaited. He has relied upon the decision of Hon'ble Allahabad High Court in the case of Adobe Systems India P. Ltd vs. JCIT, reported in [2014] 365 ITR 376 (All), wherein the Hon'ble High Court has stated that once the appeal is heard by the Bench, the stay originally granted should be continued till the pronouncement of order by the Tribunal.

SP No 32/Ahd/2015 In ITA 2304/Ahd/2013, AY 2002-03

- Piruz Areez Khambatta -2-

3. The ld. Departmental Representative, on the other hand, stated that the assessee should be directed to make atleast part payment of the demand of penalty.

4. We have carefully considered the arguments of both the sides and perused the material placed before us. The ITAT vide stay petition No.122/Ahd/2014 has extended the stay upto end of February 2015. The appeal of the assessee has been heard and the order is awaited. In the above circumstances, the decision of Hon'ble Allahabad High Court in the case of Adobe Systems India P. Ltd (supra) would be squarely applicable in this case. No contrary decision is brought to our knowledge. In view of the above, we, respectfully following the above decision of the Hon'ble Allahabad High Court in the case of Adobe Systems India P. Ltd. (supra), extend the stay for the period of 180 days from the date of this order or the disposal of appeal whichever is earlier.

5. In the result, the Stay Petition of the assessee is allowed.

Order pronounced in the Court on 15th April, 2015 at Ahmedabad.

Sd/- Sd/-

(S. S. GODARA) (G.D. AGRAWAL) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 15/04/2015 Biju T., PS

आदे श क ूितिल'प अमे'षत/Copy षत of the Order forwarded to : 1. अपीलाथ* / The Appellant 2. ू+यथ* / The Respondent.

3. संबंिधत आयकर आयु- / Concerned CIT

4. आयकर आयु-(अपील) / The CIT(A)

5. 'वभागीय ूितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad

6. गाड3 फाईल / Guard file.

आदे शानुसार/ ार BY ORDER, TRUE COPY उप/ उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अिधकरण, अहमदाबाद / ITAT, Ahmedabad