TMI Blog2016 (5) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee in any manner, the interim protection can continue beyond 365 days in deserving cases. Reference was made to the judgment of the Apex Court in Commissioner of Customs & Central Excise, Ahmedabad vs. Kumar Cotton Mills Pvt. Limited, (2005 (1) TMI 114 - SUPREME COURT OF INDIA ). Thus ITAT has not acted in contravention of the Second Proviso of Section 254(2A) of the Income Tax Act, 1961 as the combined period of stay has exceeded 365 days - Decided against revenue - ITA No.57 of 2016 (O&M) - - - Dated:- 9-5-2016 - MR. AJAY KUMAR MITTAL AND MRS. RAJ RAHUL GARG, JJ. For The Appellant : Mr. Tajender K.Joshi, Advocate Ajay Kumar Mittal, J . 1. This appeal has been preferred by the revenue under section 260A of the Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee filed appeal before the Commissioner of Income Tax (Appeals) [CIT(A)]. Vide order dated 10.3.2014, the CIT(A) dismissed the appeal. The Assessing Officer imposed penalty under section 271(1)(c) of the Act at ₹ 28,21,94,177/- vide order dated 28.11.2013, Annexure A.I for the assessment year 2008-09. Against the penalty order, the assessee filed appeal before the CIT(A). Vide order dated 13.3.2014, Annexure A.II, the CIT(A) dismissed the appeal. The assessee had deposited demand of ₹ 14,11,77,088/- on 29.3.2014 and the balance demand outstanding was of ₹ 14,10,17,089/-. Against the order passed by the CIT(A) under section 271(1)(c) of the Act, the assessee filed appeal before the Tribunal. Original stay of demand applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elay in the disposal of the appeal is not attributable to the assessee in any manner, the interim protection can continue beyond 365 days in deserving cases. Reference was made to the judgment of the Apex Court in Commissioner of Customs Central Excise, Ahmedabad vs. Kumar Cotton Mills Pvt. Limited , (2005) 180 ELT 434. Further, this Court in Principal Commissioner of Income Tax vs. Carrier Air Conditioning and Refrigeration Limited, ITA No.5 of 2016 decided on 25.4.2016, adjudicating identical issue interpreting Section 254(2A) of the Act following the judgment in M/s Voice Telesystem's case (supra) had held similar view. 5. Accordingly, we do not find any error in the impugned order passed by the Tribunal. Thus, no sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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