AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.265 OF 2009 Agility Logistics Private Limited (formerly known as Geologistics Private Limited), Mumbai. .... Petitioner Vs. The Deputy Commissioner of Income-tax – 8(1), Mumbai & Ors. .... Respondents Mr. Atul K. Jasani for the petitioner. Mr. Suresh Kumar for the respondents. CORAM : SMT. RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 12TH FEBRUARY, 2009. P.C. :- 1. Rule. Rule made returnable forthwith. By consent of the parties, taken up for hearing and final disposal. AJN 2 2. In this appeal, order dated 27/1/2009 passed by the Commissioner of Income Tax-8, Mumbai, is under challenge. It appears that order under section 220(6) was passed on 18/2/2008 relating to Assessment Year 2004-05 wherein it was held that if the petitioner pays Rs.60 lakhs by 20/3/2008, then for the balance demand, the petitioner shall not be treated in default till September, 2008 or upto the order of the Commissioner of Income Tax (Appeals) [for short, “the CIT (A)”] whichever is earlier. Since the CIT(A) has not decided the matter till September, 2008 the order was reviewed. The petitioner moved an application for grant of stay. It was contended that for the Assessment Year 2004-05 after adjustments of amounts already paid and the refunds due for Assessment Years 2007-08, 2006-07 and 2002-03, only an amount of approximately Rs.66 lakhs would be required to be paid for making the payment upto 50% of the demand raised. It was further contended that since CIT(A) has not decided the appeal for Assessment Year 2004-05 where the issue of transfer pricing is involved which is a recurring issue for Assessment Year 2005-06 onwards, full demand raised for Assessment Year 2005-06 may be AJN 3 stayed. The CIT rejected the said application. Hence, this writ petition. 3. We have heard learned counsel appearing for the parties. Mr. Suresh Kumar, learned counsel appearing for the respondents states that the CIT(A) shall dispose of the appeals filed by the petitioners before it for the Assessment Years 2004-05 and 2005- 06 within a period of four months from today. This statement is accepted. 4. In view of this statement, the impugned order dated 27/1/2009 is set aside. Till such time as the appeal pending before the CIT(A) is heard and disposed of, the demand raised for the aforesaid assessment years is stayed. If the order of the CIT(A) is adverse to the petitioner, the demand shall remain stayed for a further period of four weeks from the date of its communication to the petitioner. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] AJN 4 [J.P. DEVADHAR, J.]