Saumya Construction Pvt.Ltd.,, ... vs Assessee

IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER Stay Application No. 52/Ahd/2015 (in ITA No.03Ahd/2014) Assessment Year : 2006-07 Saumya Construction Pvt Ltd V/s. The ACIT, 1 s t Floor, Aditya, Central Circle-1(3), Nr.Khadayata Colony, Ahmedabad Ellisbridge, Ahmedabad PAN No. AAFCS 3523 G (Applicant) .. (Respondent) Assessee(s) by : Shri P.M. Mehta, AR Revenue by : Shri Vimalendu Verma, CIT-DR

सुनवाई क तार ख/ / Date of Hearing : 12/05/2015 घोषणा क तार ख /Date of Pronouncement : 13/05/2015

आदे श/O R D E R

PER G.D. AGRAWAL, VICE PRESIDENT:

By this stay petition, the assessee has sought for extension of stay of demand of tax Rs.3,82,79,221/-

2. We have heard both the parties and perused the material placed before us. We find that originally the stay was granted by the ITAT vide order dated 10.01.2014 in Stay Petition No.1/Ahd/2014 for a period of six months. Thereafter, it was extended from time to time vide Stay Petition Nos. 81/Ahd/2014 and 2/Ahd/2015. We have also noticed that the hearing of the appeal was fixed from time to time and heard on 20.01.2015, but thereafter on 03.02.2015 the Bench released the matter and directed for consolidation of the appeal alongwith another connected matters. Thus, it is a case where delay in disposal of the appeal is not attributable to the assessee. Considering the facts of the case and arguments of both the sides, we deem it proper to extend the stay SP No 52/Ahd 2015 In ITA No. 03/Ahd/2014 Saumya Construction Pvt Ltd -2-

for the period of four months from the date of this order or till the disposal of the appeal, whichever is earlier. The Registry is directed to put up the matter before the Vice-President for consolidation as directed by the Bench vide order-sheet entry dated 03.02.2015.

3. In the result, the Stay Petition is allowed as above.

Order pronounced in the Court on 13th May, 2015 at Ahmedabad.

Sd/- Sd/-

(RAJPAL YADAV) (G.D. AGRAWAL) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 13/05/2015 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. गाड2 फाईल / Guard file.

आदे शानुसार/ ार BY ORDER,

TRUE COPY उप/ उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अिधकरण, अहमदाबाद / ITAT, Ahmedabad