Perfetti Van Melle India Pvt. Ltd., Gurgaon v. ACIT, Circle-3(1), Gurgaon

Per Suchitra Kamble, Judicial Member This stay application is filed in respect of outstanding demand of Rs.32,41,57,050/- for A.Y. 2015-16.

2. The Ld. AR submitted that all the issues are covered by order passed by the Tribunal in assessees own case in the earlier assessment year i.e. 2014-15, therefore, this appeal also should be decided at the earliest on the same line. The Ld. AR, therefore, requested to grant an early hearing as well as stay in the present appeal. Perfetti Van Melle India Pvt. Ltd. Global Business Park Tower-A, 1st Floor, Mehrauli-Gurgaon Road, Gurgaon PAN No. AAACP2626A Vs ACIT Circle-3(1) Gurgaon (Applicant) (Respondent)

3. The Ld. DR on the other hand opposed the stay application.

4. We have heard both the sides and perused the relevant material available on record. Prima facie it appears that the issues contested in the present appeal are either covered in favour of the assessee or against the assessee in earlier assessment year order. Therefore, it will be appropriate to hear this appeal at the earliest. Thus, the assessee has made out good case for granting stay as well as early hearing at this stage. Therefore, we grant stay for a period of six months (180 days) or till the disposal of appeal whichever is earlier subject to payment of Rs.2 crores on or before 31.12.2019 The registry is directed to list the appeal for hearing on 08.01.2020. We would also like to make it clear that on the fixed date of hearing of the appeal, the assessee will not seek any adjournment for any reason. If any adjournment is sought by the assessee, the Stay granted will automatically stand vacated.

5. In the result, the stay application filed by the assessee is allowed. Order pronounced in the open court on 29.11.2019. Sd/- Sd/- (N. K. BILLAIYA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29/11/2019 *Neha* Copy forwarded to

1. Applicant

2. Respondent

3. CIT

4. CIT (A)

5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi