M/s Enchanting Travels Pvt Ltd , Bangalore V. Income TAx Officer Ward-2(1)(4), Bangalore

SA 151/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5926 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 14 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: misc
• Appeal Filed On: 17-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR
• Keywords: Extension of stay

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. NO. 151/BANG/2018 (IN IT (TP) A NO. 2149/BANG/2017 ) ASSESSMENT YEAR : 201 3 - 14 M/S. ENCHANTING TRAVELS PVT. LTD., NO. 660/1, AKSHAYA, 100 FT. ROAD, INDIRANAGAR, BANGALORE 560 038. PAN: AABCE3501A VS. THE INCOME TAX OFFICER, WARD 2 (1) (4), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SMT. SUMAN LUNKAR, CA RESPONDENT BY : DR. P.V. PRADEEP KUMAR, ADDL. CIT (DR) DATE OF HEARING : 27 .0 4 .2018 DATE OF PRONOUNCEMENT : 02 . 0 5 .201 8 O R D E R PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPLICATION FOR EXTENSION OF STAY IS PREFERRED ON THE GROUND THAT THE STAY WAS GRANTED BY THE TRIBUNAL VIDE ITS ORDER DATED 05.02. 2018 SUBJECT TO PAYMENT OF RS. 15 LAKHS WHICH WAS DEPOSITED BY THE ASSESSEE. BUT THEREAFTER HEARING COULD NOT TAKE PLACE DUE TO PAUCITY OF TIME AND THE MATTE R IS LISTED FOR HEARING ON 19.04.2018 AND THE STAY GRANTED UP TO 31.03.2018 WA S EXPIRED. 2. SINCE THE DELAY IN DISPOSAL OF APPEAL IS NOT ATT RIBUTABLE TO ASSESSEE, THE STAY GRANTED MAY KINDLY BE EXTENDED. 3. HAVING CAREFULLY EXAMINED THE APPLICATIONS OF TH E ASSESSEE IN THE LIGHT OF THE SUBMISSIONS, WE FIND THAT FINDING PRIMA FACIE CASE STAY WAS GRANTED UPTO 31.03.2018, NOW THE APPEAL COULD NOT BE DISPOSED OF DUE TO PAUCITY OF TIME FOR WHICH THE ASSESSEE CANNOT BE HELD RESPONSIBLE. WE, THEREFORE, IN THE INTEREST OF JUSTICE, EXTEND THE STAY FOR RECOVERY OF DEMAND TIL L 31.07.2018. S.P. NO. 151/BANG/2018 (IN IT(TP)A NO. 2149/BANG/2017) PAGE 2 OF 2 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. SD/- SD/- (INTURI RAMA RAO) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 02 ND MAY, 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.