Case Law Details
Vodafone Idea Ltd. Vs DCIT (ITAT Mumbai)
We find that in the instant case, the AO had made disallowance on depreciation on 3G Spectrum Fees to the tune of Rs. 408.01 crores. And if the said disallowance is ignored, the net result of remaining additions would only result in assessed loss and hence no tax is per se payable for this AY. We find that assessee had made a prima facie case in its favour and accordingly we inclined to grant extension of stay for a further period of 180 days from today or till the disposal of the appeal by this Tribunal for this AY, whichever is earlier. The assessee is directed not to take any adjournment on the scheduled date of hearing except due to unavoidable or exceptional circumstances and co-operate in expeditious disposal of the appeal.
FULL TEXT OF THE ITAT JUDGEMENT
By virtue of these Stay Petitions (SA), the assessee seeks to keep the demands raised for the respective Assessment Years (AYs) in abeyance till the disposal of the appeals by this Tribunal.
2. Let us take up the stay petition in SA No. 164/Mum/2020 for AY 2009-10. We find that this SA filed by the assessee is for seeking extension of stay already granted by this Tribunal vide its order dated 07.10.2019 wherein this Tribunal had extended the stay for a period of 180 days from 07.10.2019 or till the disposal of the appeal by this Tribunal, whichever is earlier. Thereafter, the stay was extended from time to time by this Tribunal pursuant to the blanket stay order passed by Hon’ble Bombay High Court upto January 2021.
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