Shri. Kokkalera Medappa Thammiah , Bangalore V. Income Tax Officer, Ward-5(3)(5), Bangalore

SA 130/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5936 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 02-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Keywords: Application 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. 130 /BANG/201 8 (IN I TA NO. 580 / BANG/2 0 1 8 ) (ASSESSMENT YEAR: 20 1 3 - 1 4 ) SHRI KOKKALERA MEDAPPA THA MMIAH, C - 602, BAIRAVI CRUZ LUXOR, CHELEKERE MAIN ROAD, KALYAN NAGAR, BENGALURU - 560043. VS. PETITIONER INCOME - TAX OFFICER, WARD 5 ( 3 )( 5 ) , BENGALURU. RESPONDENT PETITI O NER BY : NONE RESPONDENT BY : DR.P.V.PRADEEP KUMAR, ADDL.CIT. DATE OF HEARING : 13 /0 4 /2018 DATE OF PRONOUNCEMENT : 18 / 0 4 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS PETITION IS FILED BY THE ASSESSEE SEEKING STAY OF DEMAND OF RS.15,89,150/ - FOR THE ASSESSMENT YEAR 2013 - 14. 2. WHEN THE STAY PETITION WAS CALLED FOR HEARING, NONE APPEARED ON BEHALF OF THE PETITIONER. IN THE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS CASE. THEREFORE, W E DISMISS THE APPEAL OF THE ASSESSEE FOR NON - PROSECUTION, FOLLOWING TH E DECISION OF THE HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR V. CWT (1997) 223 ITR 480 AS WELL AS SP NO . 101 /BAN G/201 8 PAGE 2 OF 2 THE ORDER OF THE DELHI BENCH OF THE ITAT IN CIT V. MULTIPLAN INDIA P. LTD., (1991) 38 ITD 320. 03. IN THE RESULT, THE STAY PETITION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH APRIL, 2018 SD/ - SD/ - (SUNIL KUMAR YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACC OUNTANT MEMBER PLACE : BENGALURU. D A T E D : 18 / 04 /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