Shri. Venkatramana Byregowda , Bangalore V. Income Tax officer Ward-2(2)(4), Bangalore

SA 101/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5876 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 21-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SP NO. 101 /BANG/201 8 (IN I TA NO. 94 / BANG/2 0 1 8 ) (ASSESSMENT YEAR: 20 12 - 13 ) SHRI VENKATAREDDY BYREGOWDA, C HENNKESHAVA NILAYA, 1, TG EXTENSION, HOSAKOTE, BEN GALURU - 562114. PAN: AJUPB0299F VS. PETITIONER INCOME - TAX OFFICER, WARD 2(2)(4 ) , BENGALURU. RESPONDENT PETITI O NER BY : SHRI V.SRINIVASAN, ADVOCATE. RESPONDENT BY : DR.P.V.PRADEE P KUMAR, ADDL.CIT(DR) DATE OF HEARING : 0 6 /0 4 /2018 DATE OF PRONOUNCEMENT : 09 / 0 4 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS IS A STAY PETITION FILED BY THE ASSESSEE SEEKING STAY OF DEMAND OF RS.31,99,360/ - FOR THE ASSESSMENT YEAR 2012 - 13. 2. IT WAS SUBMITTED DURING THE COURSE OF HEARING OF THE STAY PETITION THAT THE ASSESSMENT ORDER AS WELL AS THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX(APPEALS) ARE EX - PARTE ORDERS AND OUT OF TOTAL DEMAND OF RS.51,99,360/ - , A SUM OF RS.20 LAKHS HAS ALR EADY BEEN PAID AND THE DEMAND IN QUESTION HAS ARISEN ON ACCOUNT OF ADDITION MADE AS UNEXPLAINED DEPOSITS. THUS, 40% OF THE DEMAND HAS ALREADY BEEN PAID. IT IS SUBMITTED THAT THE BALANCE DEMAND MAY BE STAYED. ON THE OTHER HAND, LEARNED DEPARTMENTAL REPRES ENTATIVE OPPOSED THE STAY PETITION. SP NO . 101 /BAN G/201 8 PAGE 2 OF 2 3. WE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. FROM MERE PERUSAL OF THE ASSESSMENT ORDER AS WELL AS THE ORDER OF THE LD.CIT(A), IT IS CLEAR THAT THE ASSESSEE HAD NOT CO - OPERATED IN THE ASSESSMENT PROC EEDINGS AS WELL AS APPELLATE PROCEEDINGS. THEREFORE, WE DO NOT FIND ANY REASON TO STAY THE BALANCE DEMAND AS IT REQUIRES EXAMINATION OF EVIDENCE ETC IN SUPPORT OF DEPOSITS MADE. HOWEVER, WE DEEM IT FIT TO POST THE OUT OF TURN HEARING ON 12/04/2018. WE DIR ECT THAT NO COERCIVE STEPS SHOULD BE INITIATED AGAINST THE ASSESSEE FOR RECOVERY OF DEMAND. THE STAY IS VALID FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE STAY IS ALSO SUBJECT TO CONDITION THAT THE ASSESSEE SHALL NOT SEEK ADJOURNMENT OF THE CASE FROM HEARING WITHOUT ANY JUST AND REASONABLE CAUSE. IN CASE THE ASSESSEE SEEKS ADJOURNMENT FROM HEARING OF THE CASE, THE STAY GRANTED WOULD AUTOMATICALLY CEASE TO OPERATE. THE STAY PETITION IS DISPOSED ON ABOVE LINES. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH APRIL , 2018 S D/ - SD/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLAC E : BENGALURU. D A T E D : 09 / 0 4 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDEN T 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUN AL BANGALORE