Smt. Lathakumari S , Mysore V. The Assistant Commissioner of Income TAx Circle-1(1), Mysore

SA 154/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5963 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 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: 24-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSANTHOMAS
• Keywords: Application of stay
• Section: 271(1)(c); 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SP NO S . 153 & 154 /BANG/20 18 (IN I TA NO S . 968 & 969 / BANG/2 0 18 ) (ASSESSMENT YEAR S : 20 07 - 08 & 2008 - 09) SMT . S. LATHAKUMAR I, NO.567, ASHWINI , 1 ST CROSS, MARUTHI TEMPLE ROAD, KUVEMPUNAGAR, MYSORE - 570 023. PAN:AFWPK 4040 D VS. PETITIONER ASST.COMMISSIONER OF INCOME - TAX, CIRCLE 1(1), MYSORE. RESPONDENT PETITI O NER BY : SHRI TATA KRISHN A, ADVOCATE. RESPONDENT BY : S MT.SUSAN THOMAS, ADDL.CIT(DR) DATE OF HEARING : 01 /0 6 /2018 DATE OF PRONOUNCEMENT : 04 / 0 6 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THESE STAY PETITIONS ARE FILED BY THE ASSESSEE. SINCE COMMON ISSUE IS INVOLVED, WE PROCEED TO DISPOSE OF ALL THESE STAY PETITIONS VIDE THIS COMMON ORDER. 2. THESE STAY PETITIONS ARE FILED SEEKING STAY OF DEMAND ARISING OUT OF ORDERS OF PENALTY PASSED U/S 271(1)(C) OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT]. DURING THE COURSE OF HEARING OF THE STAY PETITIONS, LEARNED COUNSEL FOR ASSESSEE COULD NOT MAKE OUT A STRONG PRIMA FACIE CASE IN FAVOUR OF THE ASSESSEE AS TO HOW THE CASE IS NOT A FIT CASE FOR LEVY OF PENALTY. THEREFORE, IT IS NOT A FIT C ASE FOR STAY OF DEMAND IN QUESTION. HOWEVER, WE DIRECT THE REGISTRY TO POST ALL THESE APPEALS OUT OF TURN SP NO S . 153 & 154 /BANG/201 8 PAGE 2 OF 2 HEARING ON 03/07/2018. ACCORDINGLY, THE STAY PETITIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 TH JUNE , 2018 S D/ - SD/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 04 / 0 6 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE