M/s, Essilor India Pvt Ltd, Bengaluru V. Deputy Commissioner of Income Tax, Circle-2(1)(2), Bengaluru

SA 13/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6145 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 20 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: 2013-2014
• Appeal Filed On: 11-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER S.P. NO. 13/BANG/2019 (IN IT (TP) A NO. 2905 / BANG/201 7 ) ASSESSMENT YEAR : 20 1 3 - 1 4 M/S. ESSILOR INDIA PVT. LTD., PRESTIGE TRADE TOWERS, 10 TH FLOOR, 46, PALACE ROAD, HIGH GROUNDS, SAMPANGI RAMA NAGAR, BANGALORE 560 001. PAN: AAACE4623J VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1) (2), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI SANDEEP .C, CA REVENUE BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT (DR) DATE OF HEARING : 1 8 . 01 .201 9 DATE OF PRONOUNCEMENT : 18 . 01 .201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THIS STAY PETITION IS FILED BY THE ASSESSEE SEEKING EXTENSION OF STAY EARLIER GRANTED BY THE TRIBUNAL ON 09.03.2018 IN S.P. NO. 3 04/BANG/2017 FOR A PERIOD OF SIX MONTHS AND IT WAS EXTENDED BY THE TRIBUNAL FOR A PERIOD OF THREE MONTHS AS PER THE TRIBUNAL ORDER IN S.P. NO. 277/BANG/2018 DA TED 28.09.2018. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY LD. AR OF ASSESSEE THAT THE DELAY IN DISPOSAL OF APPEAL IS NO T ATTRIBUTABLE TO THE ASSESSEE AND IN THIS REGARD, HE POINTED OUT THAT TH E APPEAL WAS EARLIER PART- HEARD AND THE APPEAL WAS ULTIMATELY RELEASED ON 27. 11.2018 AND NOW THE HEARING IS FIXED ON 07.03.2019. HE SUBMITTED THAT SINCE THE DELAY IN DISPOSAL OF THE APPEAL IS NOT ATTRIBUTABLE TO ASSES SEE, THE EXTENSION OF STAY SHOULD BE GRANTED. THE LD. DR OF REVENUE SUBMITTED THAT NO EXTENSION OF STAY SHOULD BE GRANTED. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT THE STAY WAS GRANTED BY THE TRIBUNAL FOR THE FIRST TIME ON 09.03 .2018 SUBJECT TO PAYMENT OF RS. 35 LAKHS ON OR BEFORE 25.03.2018. THIS STAY WAS GRANTED BY THE TRIBUNAL FOR A PERIOD OF SIX MONTHS AND SUBSEQUENTL Y, THE TRIBUNAL EXTENDED S.P. NO. 13/BANG/2019 (IN IT(TP)A NO. 2905/BANG/2017) PAGE 2 OF 2 THE STAY FOR A PERIOD OF THREE MONTHS AS PER ITS SE COND ORDER DATED 28.09.2018. WE HAVE ALSO SEEN THAT THERE IS NO CHA NGE IN FACTS AFTER SECOND EXTENSION OF STAY GRANTED BY THE TRIBUNAL AN D THE DELAY IN DISPOSAL OF THE APPEAL IS ALSO NOT ATTRIBUTABLE TO THE ASSESSEE AND HENCE, WE GRANT EXTENSION OF STAY FOR A FURTHER PERIOD OF SIX MONTH S FROM THE DATE OF EXPIRY OF STAY AS PER SECOND ORDER OF THE TRIBUNAL IN S.P. NO . 227/BANG/2018 DATED 28.09.2018. WE WANT TO MAKE IT CLEAR THAT THE ASSES SEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COURSE OF HEARING OF THE APP EAL WITHOUT ANY JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, TH EN THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATICALLY. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (N.V. VASUDEVAN) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 18 TH JANUARY, 2019. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGAL ORE.