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Alcatel-lucent India Ltd.,, Gurgaon v. Addl.cit, Special Range-1, New Delhi

Alcatel-lucent India Ltd.,, Gurgaon v. Addl.cit, Special Range-1, New Delhi

(Income Tax Appellate Tribunal, Delhi)

623/Del/2018 | 07-09-2018

PER R.S. SYAL, VP: By means of the present stay application, the assessee seeks extension of the stay of outstanding demand granted by the Tribunal Stay Appln. No.623/Del/2018 2 vide its order dated 09.03.2018 in relation to the assessment year 2013- 14.

2. The ld. AR submitted that the conditions stipulated, while granting original stay, were duly complied with and the delay in disposing the appeal has not occurred due to the assessee. It was, therefore, prayed that the stay hitherto granted, may be extended. The ld. DR opposed the extension of stay.

3. We have heard the parties and perused the relevant material on record. It is indisputably found that the terms of the original stay have been duly complied with. The appeal could not be finally heard for one reason or the other, but, for no fault of the assessee. Taking a holistic view on the touchstone of the facts and circumstances of the instant case, we are inclined to grant extension of stay for a further period of six months from today or till the disposal of the appeal, whichever is earlier. Stay Appln. No.623/Del/2018 3

4. In the result, the stay application is allowed. Order pronounced in the open Court on 07.09.2018. Sd/- Sd/- [K. NARASIMHA CHARY] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT Dated, 07 th September, 2018. dk Copy forwarded to:

1. Appellant

2. Respondent

3. CIT

4. CIT (A)

5. DR, ITAT AR, ITAT, NEW DELHI.

Advocate List
Bench
  • SHRI R.S. SYAL, VICE PRESIDENT
  • SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
Eq Citations
  • LQ/ITAT/2018/15511
Head Note

TAXATION LAW — Stay/Interim Relief — Extension of stay — Assessee seeking extension of stay of outstanding demand granted by Tribunal vide its order dt. 09.03.2018 in relation to assessment year 2013-14 — Conditions stipulated, while granting original stay, duly complied with — Appeal could not be finally heard for one reason or the other, but, for no fault of assessee — Extension of stay for a further period of six months from today or till disposal of appeal, whichever is earlier, granted (Paras 2 to 4)