9911796707
TMI Blog2014 (4) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... . P. Bansal And Shri N. K. Billaiya,JJ. For the Applicant : Shri Dinesh Vyas For the Respondent : Shri B. K. P. Panda ORDER Per I. P. Bansal, J.M. Vide Stay Application filed as above the assessee is seeking extension of stay of outstanding demand, which at present is a sum of Rs.152,18,83,218/-. 2. Initially the stay was granted by the Tribunal vide its order dated 21/12/2011 and the relevant observations of the Tribunal from the said order are reproduced below: 8. We have considered the rival submissions. We are of the view that on the two major issues highlighted by the ld. counsel for the assessee before us there is a prima facie case made out by the assessee. In fact, in the Special Bench decision r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded on various dates and lastly it was granted by an order dated 14/6/2013. It is noted from the said order that even after making the payment of Rs.50.00 cores in pursuance of aforementioned stay order, the assessee had made further payment of Rs.48.56 crores, which is in the shape of Rs.45.00 cores adjusted out of refund for assessment year 2010- 11 on 22/1/2013 and a sum of Rs.3.46 cores was paid on 6/1/2012. It was also noted by the Tribunal that the appeal in regard to which stay has been granted were never adjourned at the request of the assessee. Considering all these facts the stay was extended for a further period of six months vide aforementioned order dated 14/6/2013. The application of the assessee filed for extension of stay wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /3/2013. (2) Atos Information Technology HK Ltd. Vs. ITAT Ors., Writ Petition Lodging No.2860 of 2013 Writ Petition Lodging No.2861 of 2013 order dated 26/11/2013. (3) Atos Information Technology vs. ADIT(IT), SA No.256 257/Mum/2013 order dated04/10/2013. 3. On the other hand, Ld. DR pleaded that the assessee should not be granted the stay. 4. We have heard both the parties and their contentions have carefully been considered. The factual position has been described in the above part of this order. Considering all these facts which have been described above, we are of the opinion that extension of stay should be granted to the assessee as the same will be in accordance with the ratio laid down by Hon ble Jurisdictional Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
