Appeal Details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 5939 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax (Transfer Pricing) Appeal
Pronouncement Date
01-05-2019
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
C
Assessment Year
2011-2012
Appeal Filed On
05-04-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER S.P. NOS. A.Y. APPLICANTS VS. RESPONDENT 136 TO 138/BANG/18 [IN ITA NOS. 930 TO 932/BANG/2015] 2009-10 TO 2011-12 M/S ARSHAD EXPORTS, BESIDE COLLEGE GROUND, COLLEGE ROAD, HOSPET 583 201. PAN: AAOFA 8098A THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BANGALORE. 139 TO 140/BANG/18 [IN ITA NOS. 926 TO 927/BANG/2015] 2010-11 TO 2011-12 M/S. ARSHAD ISPAT, BESIDE COLLEGE GROUND, COLLEGE ROAD, HOSPET 583 201. PAN: AAPFM 8139B 141 TO 142/BANG/18 [IN ITA NOS.928 TO 929/BANG/2015) 2008-09 & 2010-11 MR. K. ASGHAR KHAN, BESIDE COLLEGE GROUND, COLLEGE ROAD, HOSPET 583 201. PAN: ANJPK 6608A A PPL IC ANT S BY : SHRI V. SRINIVASAN, ADVOCATE RESPONDENT BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 27 . 0 4 .201 8 DATE OF PRONOUNCEMENT : 02 . 0 5 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THESE STAY PETITIONS ARE PREFERRED ON BEHALF OF TH E ASSESSEES WITH A REQUEST TO STAY THE OUTSTANDING DEMAND RAISED IN TH ESE APPEALS. SP NOS.136 TO 142/BANG/2018 PAGE 2 OF 3 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL FO R THE ASSESSEE SUBMITTED THAT AFTER DISPOSAL OF APPEALS BY THE CIT (APPEALS), THE ASSESSEE HAS MOVED AN APPLICATION ON 23.04.2013 BEFORE THE A O, BUT THE SAME WAS REJECTED BY THE AO. THEREAFTER APPEALS WERE FILED BEFORE THE TRIBUNAL IN 2015 AND THESE APPEALS COULD NOT BE HEARD AS IT WAS KEPT PENDING ON ACCOUNT OF JUDGMENT OF JURISDICTIONAL HIGH COURT IN THE CASE OF C. RAMAIAH REDDY . NOW IN THE LIGHT OF THE AMENDMENT BROUGHT IN THE ACT, THESE APPEALS ARE LISTED FOR HEARING. THE RECOVERY PROCE EDINGS HAVE BEEN STARTED AGAINST THE ASSESSEE AND THE TRO ISSUED LET TER DATED 16.03.2018, THEREFORE IN THE LIGHT OF THESE FACTS, THE RECOVERY OF STAY MAY KINDLY BE STAYED TILL THE DISPOSAL OF THE APPEALS. 3. THE LD. DR, ON THE OTHER HAND, HAS CONTENDED THA T THE APPEALS WERE FILED IN 2015 AND THESE APPEALS COULD HAVE BEEN DIS POSED OF BY NOW, BUT THE ASSESSEE DID NOT MAKE ANY EFFORT FOR DISPOSAL O F THE APPEALS. MOREOVER, THE ASSESSEE HAS NOT PAID ANY PART OF THE OUTSTANDING DEMAND, THEREFORE RECOVERY OF OUTSTANDING DEMAND CANNOT BE STAYED. 4. HAVING CAREFULLY EXAMINED THE STAY APPLICATIONS IN THE LIGHT OF RIVAL SUBMISSIONS, WE FIND THAT UNDISPUTEDLY THE TOTAL DE MAND RAISED IN ALL THESE APPEALS IS APPROX.. RS.52,59,25,044, BUT NOTHING WA S PAID BY THE ASSESSEE. UNDISPUTEDLY THE ASSESSEE HAS FILED THE APPEALS IN 2015, BUT NO EFFORT WAS MADE TO GET IT DISPOSED OF BY NOW. IN T HE LIGHT OF THESE FACTS, WE DO NOT FIND ANY MERIT IN THE REQUEST FOR STAY OF OU TSTANDING DEMAND. WE, SP NOS.136 TO 142/BANG/2018 PAGE 3 OF 3 HOWEVER, FIND IT PROPER TO DISPOSE OF THE APPEALS A T THE EARLIEST. ACCORDINGLY WE GRANT EARLY HEARING IN THESE MATTERS AND DIRECT THE REGISTRY TO FIX THESE APPEALS FOR HEARING ON 05 TH JUNE, 2018 (05.06.2018). 5. THE STAY PETITIONS ARE DISPOSED OF AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS 2 ND DAY OF MAY, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 2 ND MAY, 2018. / D ESAI S MURTHY / COPY TO: 1. APP LICANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FIL E BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.
