M/s QlikTech India Private Limited , Bangalore V. Deputy Commissioner of Income TAX Circle-5(1)(1), Bangalore

SA 150/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5943 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 15 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: 16-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH
• Assessee Lawyers: S K AGARWAL
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N. V. VASUDEVAN, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 150/BANG/2018 (IN ITA NO. 1140/BANG/18) (A.Y. 2013 - 14) M/S. QLIK TECH INDIA PVT. LTD., THE MILLENIA, NO. 1 & 2, 4 TH FLOOR, A WING, MURPHY ROAD, ULSOOR, BANGALORE 560008. PAN : A A A C Q2405N THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5 (1)(1), BANGALORE. ASSESSEE BY : SHRI S. K. AGARWAL, ADVOCATE RE VENUE BY : S HRI B. R. RAMESH , JC I T ( DR ) DATE OF HEARING : 11.05.2018. DATE OF PRONOUNCEMENT : 11.05.2018. O R D E R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION SEEKING S TAY ON COLLECTION OF OUTSTANDING DEMAND OF RS.19,02.160/- FOR THE ASSESS MENT YEAR 2013 - 14. 2. IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESS EE THAT OUT OF TOTAL DISPUTED DEMAND OF RS. 57,56,727/- INCLUSIVE OF INTEREST U/ S 234B RS. 609,408/-, THE PRESENT OUTSTANDING DEMAND IS ONLY RS. 19,02,160/- AND THE BALANCE AMOUNT OF RS. 38,54,570/- BEING ABOUT 67% OF TOTAL DISPUTED D EMAND IS ALREADY PAID BY THE ASSESSEE RS. 4,00,000/- AND COLLECTED BY THE AO BY WAY OF ADJUSTMENT OF REFUND RS. 34,54,570/-. HE ALSO SUBMITTED THAT THE APPEAL IS ALREADY FIXED FOR HEARING ON 8.08.2018. HE SUBMITTED THAT UNDER THESE FACTS, STAY SHOULD BE GRANTED FOR BALANCE OUTSTANDING DISPUTED DEMAND BEC AUSE THE ASSESSEE HAS A VERY GOOD PRIMA FACIE CASE. HE ALSO SUBMITTED THAT THE HEARING OF THE APPEAL MAY BE PREPONED. LEARNED DR OF THE REVENUE OPPOSED TO THE GRANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE FACTS AND THE ORDERS OF THE AUTHORITIES BELOW. IN VIEW OF THIS FA CT THAT ABOUT 67% OF THE DISPUTED DEMAND IS ALREADY PAID BY THE ASSESSEE AND /OR COLLECTED BY THE DEPARTMENT, WE GRANT STAY OF THE BALANCE OUTSTANDIN G DISPUTED DEMAND 2 S.P. NO.150/BANG/18 (IN ITA NO. 1140/BANG/2018) BECAUSE IN OUR OPINION, THE ASSESSEE HAS A GOOD PRI MA FACIE CASE. THIS STAY IS VALID FOR THREE MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. HEARING OF THE APPEAL IS PREPONED TO 06.06.2018. THE REGISTRY IS DIRECTED TO FIX THIS APPEAL FOR HEA RING ON 06.06.2018 AND SINCE THIS DATE OF HEARING WAS PRONOUNCED IN OPEN COURT, NO NOTICE OF HEARING IS REQUIRED TO BE ISSUED. WE WANT TO MAKE IT CLEAR THA T THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS IN COU RSE OF HEARING OF THIS APPEAL AND IF THE ASSESSEE DOES SO, THE STAY GRANTED BY TH IS ORDER SHALL GET VACATED AUTOMATICALLY. 4. IN THE RESULT, THE STAY PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (N. V. VASUDEVAN) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 11.05.2018. *MS COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.