M/s P.D Plastic (P) Ltd., Kanpur V. Income Tax Officer-2(2), Kanpur

SA 12/LKW/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0200 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 27-06-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 11-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHARAT AWASTHI
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER S.A. NO. 1 2 /LKW/2017 [ARISING OUT OF ITA NO. 70 5 /LKW/2017] ASSESSMENT YEAR: 201 3 - 14 M/S P.D . PLASTIC (P) LTD. 122/1 - E - 4, SAROJINI NAGAR KANPUR V. INCOME TAX OFFICER 2(2) KANPUR T AN /PAN : A A ECP0398 (APP ELL ANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI BHARAT AWASTHI, D.R. DATE OF HEARING: 20 0 4 201 8 DATE OF PRONOUNCEMENT: 24 0 4 201 8 O R D E R PER BENCH : TH IS STAY APPLICATIONS IS PREFERRED BY THE ASSESSEE FOR STAYING THE DEMAND RAISED BY THE REVENUE. 2 . TH IS STAY APPLICATION WA S RECEIVED IN THE OFFICE OF ITAT LUCKNOW BENCH ON 11/12 /2017 AND THEREAFTER THE SAME WERE FIXED FOR HEAR ING ON 19/1/2018; 16/2/2018 AND 9/3/2018 , BUT ON ALL THESE DATES NONE HAS APPEARED ON BEHALF OF THE APPLICANT - ASSESSEE. FINALLY, TH IS STAY APPLICATION WA S LISTED FOR HEARING ON 20/4/2018 AND ON THIS DATE ALSO NONE WAS PRESENT ON BEHALF OF THE APPLICANT - AS SESSEE. 3 . THE STAY MATTERS ARE VERY URGENT MATTERS IN WHICH THERE IS ALWAYS A THREAT OF RECOVERY OR OTHER IRREPARABLE LOSS UPON THE ASSESSEE. THEREFORE, THERE IS ALWAYS AN ENDEAVOR ON THE PART OF THE TRIBUNAL TO DISPOSE OF THE STAY APPLICATIONS AS EARLY AS POSSIBLE. BUT IN THIS CASE, S.A. NO.1 2 /LKW/2017 PAGE 2 OF 2 THE APPLICANT - ASSESSEE IS NOT INTERESTED IN GETTING ITS STAY APPLICATION DISPOSED OF FOR THE REASONS BEST KNOWN TO THE APPLICANT - ASSESSEE , WHICH SHOWS THAT THERE IS NO URGENCY IN TH IS STAY APPLICATION . WE, THEREFORE, FIND NO M ERIT THEREIN. WE, HOWEVER, CAREFULLY EXAMINED THE STAY APPLICATION ON MERIT AND HEARD THE REVENUE. 4 . ON CAREFUL PERUSAL OF RECORD, WE FIND THAT THE ADDITIONS /DISALLOWANCES WERE MADE BY THE ASSESSING OFFICER ON THE BASIS OF THE DOCUMENTS FOUND DURING THE COU RSE OF PROCEEDINGS UNDER SECTION 14 3(3) OF THE ACT AND APPRECIATION OF DOCUMENTS CAN ONLY BE DONE DURING THE COURSE OF REGULAR HEARING AND NOT IN THE HEARING OF STAY APPLICATION. WE, THEREFORE, FIND N O MERIT IN THE STAY APPLICATION AND WE ACCORDINGLY REJE CT THE SAME. 5 . IN THE RESULT, STAY APPLICATION I S REJECTED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 / 0 4 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH APRIL , 201 8 JJ: 2004 COPY FORWARDED TO: 1 . AP PELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR