M/s Aquarelle India Pvt Ltd , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore

SA 161/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5983 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 03-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI JT BENGALURU
• Assessee Lawyers: SUDHEENDRA B R

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER S.P. NO.161/BANG/2018 [IN ITA NO. 2737/BANG/2017 ] ASSESSMENT YEAR : 2013 - 14 M/S.AQUARELLE INDIA PVT. LTD. NO.570, NEW NO.22, 32ND D CROSS, 11TH MAIN, JAYANAGAR 4TH BLOCK, BENGALURU-560011. PAN: AAGCA 1203Q VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 1(1)(1), BANGALORE. APP L IC ANT RESPONDENT A PPL IC ANT BY : SHRI SUDHEENDRA B.R., ADVOCATE R E SPONDENT BY : SMT. PADMAMEENAKSHI, JT.CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 25 . 0 5 .201 8 DATE OF PRONOUNCEMENT : 25 . 0 5 .201 8 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THIS IS A PETITION FILED BY THE ASSESSEE PRAYING FOR AN ORDER EXTENDING THE ORDER OF STAY OF RECOVERY OF OUTSTAND ING DEMAND ALREADY GRANTED BY THIS TRIBUNAL IN SP NO.22/BANG/2018 BY O RDER DATED 09.02.2018. 2. BY THE ORDER IN SP NO.22/BANG/2018 DATED 09.02.2 018, THIS TRIBUNAL WAS PLEASED TO GRANT AN ORDER OF STAY ON RECOVERY O F OUTSTANDING DEMAND TILL 31.03.2018 OR TILL THE DISPOSAL OF THE APPEAL, WHICHEVER IS EARLIER, SUBJECT TO PAYMENT OF RS.5 LAKHS ON OR BEFORE 28.02.2018. THIS CONDITION WAS SP NO.161/BANG/2018 PAGE 2 OF 2 COMPLIED WITH BY THE ASSESSEE. THE APPEAL WAS FIXE D OUT OF TURN FOR HEARING ON 07.03.2018 AND APPEAL WAS ADJOURNED TO 0 8.03.2018 AS THE BENCH DID NOT FUNCTION. ON 08.03.2018 THE BENCH AD JOURNED THE HEARING TO 19.04.2018 AND ON THAT DATE THE BENCH AGAIN ADJOURN ED THE HEARING TO 01.08.2018. THE NON-DISPOSAL OF THE APPEAL IS NOT A TTRIBUTABLE TO ANY WILLFUL ACT OR CONDUCT OF THE ASSESSEE. WE THEREFORE EXTEN D THE ORDER OF STAY OF RECOVERY OF OUTSTANDING DEMAND FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER, OR TILL THE DISPOSAL OF THE APPEAL; WHI CHEVER IS EARLIER. 3. IN THE RESULT, THE STAY PETITION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 25 TH DAY OF MAY, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 25 TH MAY, 2018. / D ESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.