Sri K C Shivasagar , Mysore V. The Income Tax Officer Ward-2(2), Mysore

SA 150/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6230 (ITAT-BANGALORE)
• Duration Of Justice: 20 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 11-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIMAL ANAND
• Assessee Lawyers: V SRINIVASAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BENGALURU BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER SP NO.150/BANG/2019 (IN ITA NO.669/BANG/2019 (ASSESSMENT YEAR: 2008-09) AND ITA NO.669/BANG/2019 (ASSESSMENT YEAR:2008-09 SHRI K.C.SHIVASAGAR, L/R OF LATE SHRI M K MOHAN, NO.198D, SUBBAIAH ROAD, CHAMARAJA MOHALLA, MYSURU-570 001. PAN:ADEPM 1806 F VS. PETITIONER/ APPELLANT INCOME-TAX OFFICER, WARD 2(2), MYSURU. RESPONDENT PETITIONER BY : SHRI V.SRINIVASAN, ADVOCATE. RESPONDENT BY : SHRI VIMAL ANAND, ADDL.CIT(DR) DATE OF HEARING: 03/05/2019 DATE OF PRONOUNCEMENT: 03/05/2019 O R D E R PER PAVAN KUMAR GADALE, JM : THE ASSESSEE HAS FILED THE STAY PETITION SP NO.150/BANG/2019 IN APPEAL IN ITA NO.669/BANG/2019 FOR THE STAY OF RECOVERY OF OUTSTANDING TAX DEMAND OF RS.49,32,626/- INCLUDING INTEREST. AT THE TIME OF HEARING, LEARNED AR SUBMITTED THAT THE ASSESSEE HAS PAID A SUM OF RS.17,06,300/- OUT OF TAX SP NO.150/BANG/2019 & ITA NO.669/BANG/2019 PAGE 2 OF 3 DEMAND OF RS.25,73,270/-, WHICH IS MORE THAN 50% AND THE CIT(A) HAS PASSED THE EX-PARTE ORDER AND PRAYED FOR AN OPPORTUNITY TO SUBSTANTIATE ITS CASE BEFORE LD.CIT(A). CONTRA, LEARNED DR HAS NO SPECIFIC OBJECTION AND SUPPORTED THE ORDER OF THE CIT(A). 2. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED MATERIAL ON RECORD. WE NOTICE THAT THE LD.CIT(A) HAS PASSED AN EX-PARTE ORDER. ACCORDINGLY, WITH THE CONCURRENCE OF BOTH PARTIES AND WE CONSIDERING THE CIRCUMSTANCES SHALL PROVIDE AN OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HIS CASE WITH EVIDENCE AND SUBMISSIONS BEFORE THE FIRST APPELLATE AUTHORITY AND THE REVENUE SHALL NOT BE AT A LOSS IF AN OPPORTUNITY IS PROVIDED FOR HEARING. THEREFORE, TO MEET THE ENDS OF JUSTICE, WE RESTORE THE ENTIRE DISPUTED ISSUE TO THE FILE OF THE CIT(A) TO ADJUDICATE AFRESH AND PASS A SPEAKING ORDER AND FURTHER THE ASSESSEE SHALL BE PROVIDED AN OPPORTUNITY OF HEARING AND ASSESSEE SHALL CO- OPERATE IN SUBMITTING INFORMATION AND CLARIFICATIONS AS EXPEDITIOUSLY FOR THE EARLIER DISPOSAL OF THE APPEAL AND ALLOW THE GROUNDS OF APPEAL OF THE ASSESSEE FOR STATISTICAL PURPOSES. 3. SINCE THE APPEAL ITSELF IS DISPOSED OF, THE STAY PETITION SHALL BECOME INFRUCTUOUS. SP NO.150/BANG/2019 & ITA NO.669/BANG/2019 PAGE 3 OF 3 4. IN THE RESULT, THE ASSESSEES STAY PETITION IS DISMISSED AND THE ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD MAY, 2019. SD/- SD/- (B.R. BASKARAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU D A T E : 03/05/2019 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)- 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE