ELCID CO-OPERATIVE HOUSING SOCIETY LTD. Vs. ITO

JUDGEMENT

(1.) THIS stay application has been filed by the petitioner -assessee -appellant in respect of ITA Nos. 1745 to 1747/M/2003 for assessment years 1994 -95 to 1996 -97.

(2.) WE have heard the arguments of both the sides and have also perused the record.

(3.) IN this SA the petitioner -appellant seeks this Tribunal to stay the demand outstanding against the petitioner -appellant for the abovementioned three assessment years involved in the three IT appeals mentioned above. At the outset, we have heard the learned counsel regarding the permissibility to file one SA in respect of three assessment years involved in three appeals. The learned Departmental Representative also raised objection in respect of this. The learned authorised representative of assessee contended that as far as the stay petition is under one enactment, the assessee -petitioner can file one SA irrespective of the number of appeals and the number of assessment years involved therein. He has contended that this issue is covered in favour of petitioner by a decision of Tribunal, Bombay, in the case of Chiranjilal S. Goenka v. WTO, (2000) 66 TTJ (Bom) 728. The learned Departmental Representative of revenue has contended that the Tribunal may consider the judgment and decide in accordance with law.