Vodafone West Ltd. v. Asstt. CIT

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The Tax Publishers2013 TaxPub(DT) 1360 (Ahd-Trib) : (2013) 051 (II) ITCL 0525 : (2013) 154 TTJ 0668 : (2013) 085 DTR 0268 Income Tax Act, 1961 --Appeal (Tribunal)--Stay of demand Extension beyond 365 days--Assessee filed extension application seeking stay of demand beyond the period of 365 days. It contended that the appeal is pending before the Tribunal and the same is scheduled for hearing. The delay in disposing of the said appeal is on account of the fact that similar issue is already pending for disposal before the Supreme Court in other cases, wherein ad interim stay order had been passed. Therefore, he requested to extend the stay beyond 365 days as 90 per cent demand in assessment year 2008-09 and 75 per cent demand in 2009-10 had been paid by it. Assessee submitted that the third proviso to section 254(2A) had not the effect of curtailing Tribunal's power to extend the period of stay. Revenue submitted that an outer limit of extension has been drawn in Act itself and accordingly, he requested not to extend the stay further. *Held :* Keeping in view of the fact that similar issue is pending for disposal before the Supreme Court in other cases, wherein ad interim stay order had been passed and that assessee had already paid substantial portion of the demand, stay application of assessee was allowed. Income Tax Act, 1961, Section 254(2A) IN THE ITAT, Ahmedabad A Bench D. K. Tyagi, J.M. & T. R. Meena, A.M. Vodafone West Ltd. v. Asstt. CIT Stay Appln. Nos. 86 & 87/Ahd/2012 A.Y. 2008-09 & 2009-10 11 January, 2013 Income-tax Act, 1961, s. 254(2A), third proviso; In favour of: Assessee Appellant by : S. N. Soparkar with Dhiren Shah Respondent by : Shelly Jindal ORDER *T. R. Meena, A.M.* SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2013 TaxPub(DT) 1360 (Ahd-Trib) : (2013) 051 (II) ITCL 0525 : (2013) 154 TTJ 0668 : (2013) 085 DTR 0268

Income Tax Act, 1961

--Appeal (Tribunal)--Stay of demand Extension beyond 365 days--Assessee filed extension application seeking stay of demand beyond the period of 365 days. It contended that the appeal is pending before the Tribunal and the same is scheduled for hearing. The delay in disposing of the said appeal is on account of the fact that similar issue is already pending for disposal before the Supreme Court in other cases, wherein ad interim stay order had been passed. Therefore, he requested to extend the stay beyond 365 days as 90 per cent demand in assessment year 2008-09 and 75 per cent demand in 2009-10 had been paid by it. Assessee submitted that the third proviso to section 254(2A) had not the effect of curtailing Tribunal's power to extend the period of stay. Revenue submitted that an outer limit of extension has been drawn in Act itself and accordingly, he requested not to extend the stay further. Held : Keeping in view of the fact that similar issue is pending for disposal before the Supreme Court in other cases, wherein ad interim stay order had been passed and that assessee had already paid substantial portion of the demand, stay application of assessee was allowed.

Income Tax Act, 1961, Section 254(2A)

IN THE ITAT, Ahmedabad A Bench

D. K. Tyagi, J.M. & T. R. Meena, A.M.

Vodafone West Ltd. v. Asstt. CIT

Stay Appln. Nos. 86 & 87/Ahd/2012

A.Y. 2008-09 & 2009-10

11 January, 2013

Income-tax Act, 1961, s. 254(2A), third proviso; In favour of: Assessee

Appellant by : S. N. Soparkar with Dhiren Shah

Respondent by : Shelly Jindal

ORDER

T. R. Meena, A.M.