Dr Anjanaiah , Tumkur V. The Assistant Commissioner of Income Tax Range-2(3)(1), Bangalore

SA 125/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6151 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 14 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: 2012-2013
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KABILA H J
• Assessee Lawyers: SOWMYA K

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 125/BANG/2019 (IN ITA NO.676/BANG/2017) (A.Y. 2012 - 13) DR. ANJANAIAH, MARUTHI HOSPITAL, MARALUR RING ROAD, MARALUR, TUMKUR 572105. PAN : A C JPA1504A THE ACIT, RANGE 2 (3) (1), BANGALORE. ASSESSEE BY :SMT. SOWMYA K., ADVOCATE REVENUE BY : SMT. KABILA H. J CIT DR DATE OF HEARING :29.03.2019. DATE OF PRONOUNCEMENT :29.03.2019. O R DE R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION SEEKING STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 28,38,210/- FOR A. Y. 2012 13 . 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE ASSESSEE HAS ALREADY PAID RS. 60 LACS OUT OF TOTAL DISPUTED DEMAND OF RS. 88,38,210/- AND THE ASSESSEE HAS A GOOD PRIMA FACIE CASE AND THEREFORE STAY SHOULD BE GRANTED. LEARNED DR OF THE REVENUE OPPOSED GRANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THE FACTS OF THE PRESENT CASE, WE FEEL IT PROPER TO GRANT STAY. STAY FOR THREE MONTHS FROM THE DATE OF THIS ORDER OR TILL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE HEARING OF THE APPEAL IS ALREADY FIXED ON 18.04.2019. WE MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT IN COURSE OF HEARING OF THIS APPEAL WITHOUT JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, THE STAY GRANTED AS PER THIS ORDER SHALL STAND VACATED AUTOMATICALLY. 2 S.P. NO.125/BANG/2019 (IN ITA NO. 676/BANG/2017) 4. IN THE RESULT, THE STAY PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 29.03.2019. MS* COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSTT. REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.