M/s.Epson India Private Limited, Bangalore V. Assistant Commissioner of income tax, Circle-2(1)(2), Bangalore

SA 115/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5931 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 27-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Assessee Lawyers: P C KHINCHA
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER S.P. NO.115/BANG/2018 [IN IT (TP) A NO. 2 93/BANG/201 7 ] ASSESSMENT YEAR : 201 2 - 1 3 M/S. EPSON INDIA PVT. LTD., 12 TH FLOOR, THE MILLENIA, TOWER A, NO.1, MURPHY ROAD, ULSOOR, BANGALORE 560 001. PAN: AAACE 7858F VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(2), BANGALORE. APPLIC ANT RESPONDENT A PPELLANT BY : SHRI P.C. KHINCHA, C A RE SPONDENT BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT(DR) DATE OF HEARING : 13 . 0 4 .201 8 DATE OF PRONOUNCEMENT : 18 . 0 4 .201 8 O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THIS IS A PETITION FILED BY THE ASSESSEE SEEKING FOR GRANT OF EXTENSION OF STAY OF OUTSTANDING DEMAND GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 08.12.2017 IN SP NO.268/BANG/2017 ARISING OUT OF IT(TP)A NO.293/BANG/2017 FOR THE ASSESSMENT YEAR 2012-13. SP NO.115/BANG/2018 PAGE 2 OF 3 2. IT IS SUBMITTED BY THE LD. AR OF THE ASSESSEE TH AT THE TRIBUNAL VIDE ORDER DATED 08.12.2017 EXTENDED THE STAY ORIGINALLY GRANTED UPTO 31.03.2018 WHICH HAS EXPIRED. THE APPEAL WAS LAST F IXED FOR HEARING ON 4 TH APRIL, 2018 AND THE DELAY IN DISPOSAL OF THE APPEA L IS NOT DUE TO THE ASSESSEE COMPANY. THEREFORE, EXTENSION OF STAY IS REQUIRED. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE M ATERIAL ON RECORD. NOW THE LAW IS SETTLED BY THE HONBLE DELHI HIGH CO URT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT 376 ITR 87 (DEL) AND THE HO NBLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL (295 ITR 22) (BOM.) WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, STAY HA S TO BE EXTENDED. THIS RATIO WAS FOLLOWED BY THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF M/S. SAP LABS INDIA PVT. LTD. VS. ACIT (67 TAXMANN.COM 78). WE MAY FURTHER STATE THAT THE EXISTENCE OF ALL CONDITIONS FOR GRANT OF STAY HAS ALREADY BEEN CONSIDERED BY THE TRIBUNAL AT THE TIME OF GRAN TING ORIGINAL STAY AND NO NEW CONDITION CAN BE IMPOSED WHILE EXTENDING THE ST AY. RESPECTFULLY FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH, WE HOLD THAT IT IS A FIT CASE TO EXTEND STAY FOR A FURTHER PERIOD UPTO 30.06.2018 OR TILL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE STAY IS SUBJECT T O CONDITION THAT THE ASSESSEE SHALL NOT SEEK ADJOURNMENT OF THE CASE FRO M HEARING WITHOUT ANY REASONABLE AND JUST CAUSE. SP NO.115/BANG/2018 PAGE 3 OF 3 4. IN THE RESULT, THE STAY PETITION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF APRIL, 2018. SD/- SD/- ( SUNIL KU MAR YADAV ) ( INTURI RAMA RAO ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 18 TH APRIL, 2018. / D ESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALO RE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.