M/s Manipal Global Education Services P. Ltd., Bangalore V. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

SA 120/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5935 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V ARVIND
• Assessee Lawyers: B SUDHEENDRA
• Keywords: Extension of stay

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. 1 20 /BANG/201 8 (IN I T (TP) A NO. 236 / BANG/2 0 1 5 ) (ASSESSMENT YEAR: 20 10 - 11 ) M/S.MANIPAL GLOBAL EDU CATION SERVICES P. LTD. NO.14, MANIPAL TOWERS, 4 TH FLOOR, AIRPORT ROAD, BENGALURU - 560008. VS. PETITIONER DEPUTY COMMISSIONER OF INCOME - TAX , CENTRAL CIRCLE 2(2), BENGALURU RESPONDENT PETITI O NER BY : SHRI B.SUDHEENDRA, ADVOCATE. RESPONDENT BY : SHRI K.V.ARVIND, STANDING COUNSEL FOR DEPARTMENT DATE OF HEARING : 2 0 /0 4 /2018 DATE OF PRONOUNCEMENT : 20 / 0 4 /201 8 O R D E R PER I NTURI RAMA RAO, AM : TH IS IS A PETI TION FILED BY THE A SSESSEE SEEKING FOR GRANT OF EXTENSION OF STAY OF OUTSTANDING DEMAND GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 5 TH FEBRUARY 2018 IN SP NO. 24/BANG/2018 ARISING OUT OF IT(TP)A NOS. 236 / BANG/20 15 FOR THE ASSESSMENT YEAR 20 10 - 11 . IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE STAY GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 5 TH FEBRUARY 2018 IN SP NO.24/BANG/2018 IS VALID UP TO 31/03/2018 . LEARNED AR OF THE ASSESSEE FURTHER SUBMITTED THAT THE APPEAL FILED BY THE ASSESSEE - COMPANY BEFORE THIS TRIBUNAL WAS HEARD ON 07/02/2018 AND THE O RDERS ARE AWAITED. IT IS THEREFORE, REQUESTED FOR EXTENSION OF STAY. SP NO . 1 20 /BANG/201 8 PAGE 2 OF 2 2. WE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE APPEAL WAS ALREADY HEARD BY THIS BENCH WE ARE OF THE CONSIDERED OPINION THAT IT IS A FIT CASE TO EXTEND THE ST AY OF DEMAND TILL 31/05/2018 OR TILL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. 3. IN THE RESULT, THE STAY PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH APRIL , 2018 S D/ - SD/ - ( SUNIL KUMAR YADAV ) (INTUR I RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 20 / 0 4 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE