M/s Surya Chetana Poultry Farms, Davangere V. Income Tax Officer Ward-2 , Davangere

SA 15/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6172 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 17 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: 2011-2012
• Appeal Filed On: 14-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Section: 234B

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. NOS. 14 & 15/BANG/2019 (IN ITA NO S . 3245 & 3246 / BANG/201 8 ) ASSESSMENT YEAR : 20 1 1 - 12 M/S. SURYA CHETANA POULTRY FARMS, P.B. ROAD, HEBBAL VILLAGE, ANAGODU POST, DAVANGERE 577 556. PAN: AAWFS3917J VS. THE INCOME-TAX OFFICER, WARD 2, DAVANGERE. APPELLANT RESPONDENT ASSESSEE BY : SHRI SURESH MUTHUKRISHNAN, 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; THESE TWO STAY PETITIONS ARE FILED BY THE ASSESSEE SEEKING STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 29,96,486/- FOR ASSESSMEN T YEAR 2011-12. THIS OUTSTANDING DISPUTED DEMAND IS PARTLY ARISING IN CO URSE OF ASSESSMENT PROCEEDINGS AND PARTLY ARISING IN COURSE OF PENALTY PROCEEDINGS U/S. 271 (1)(C) OF IT ACT. 2. IN COURSE OF HEARING, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT OUT OF TOTAL DISPUTED DEMAND IN RESPECT OF THESE TWO APPEALS OF RS. 60,30,296/- WHICH INCLUDES INTEREST U/S. 234B OF RS. 6,76,410/-, 234C -RS. 23,721/-, 234D- 11,633/- AND SECTION 220 [2] RS. 14,54,982/-, THE ASSESSEE HAS ALREADY MADE PAYMENT OF RS. 30,33,810/- AND HENCE, THE PAYM ENT ALREADY MADE BY THE ASSESSEE IS MORE THAN 50% OF THE DISPUTED OUTST ANDING DEMAND INCLUDING INTEREST. HE SUBMITTED THAT THE ASSESSEE HAS A GOOD PRIMA FACIE CASE AND THEREFORE, STAY SHOULD BE GRANTED FOR THE BALANCE DISPUTED OUTSTANDING DEMAND OF RS. 29,96,486/-. THE LD. DR OF REVENUE OPPOSED THE GRANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THIS FACT THAT THE ASSESSEE HAS ALREADY MADE PAYMENT OF MORE THAN 50% OF DISPUTED S.P. NOS. 14 & 15/BANG/2019 (IN ITA NOS. 3245 & 3246/BANG/2018) PAGE 2 OF 2 OUTSTANDING DEMAND, IN OUR CONSIDERED OPINION, THIS IS A FIT CASE FOR GRANTING STAY AND ACCORDINGLY, WE GRANT STAY FOR SIX MONTHS FROM THE DATE OF THIS ORDER. REGARDING HEARING OF THESE APPEALS, IT WAS SUBMITTED BY THE ASSESSEE IN THE STAY PETITIONS THAT THESE APPEALS A RE FIXED FOR HEARING ON 19.06.2019 BUT SINCE WE ARE GRANTING STAY IN THESE TWO CASES, WE PREPONE THE DATE OF HEARING TO 18.02.2019. SINCE THIS NEW DATE OF HEARING IS ALREADY PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICES O F HEARING IS REQUIRED TO BE ISSUED. WE WANT TO MAKE IT CLEAR THAT THE ASSES SEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COURSE OF HEARING OF THE APPEALS WITHOUT JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, THEN THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATICALLY. 4. IN THE RESULT, BOTH THE STAY PETITIONS FILED BY THE ASSESSEE ARE 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. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.