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

SA 167/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5980 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 25 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: 2011-2012
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Keywords: Extension of stay; Reasonable cause
• Section: 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE S HRI SUNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER S.P. NO S .1 6 7 & 168 /BANG/2018 (IN I.T. (T.P) A. NO S . 306 /BANG/201 6 & 692/BANG/2017) (ASSE SSMENT YEAR S : 20 11 - 12 & 2012 - 13 ) M/S. NXP SEMICONDUCTORS INDIA PVT. LTD., NAGAWARA VILLAGE, KASABA HOBLI, NAGAWARA, BANGALORE - 560 045 . PETITIONER . VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5(1)(1 ), BANGALORE. .. RESPONDENT. PETITIONER BY : SHRI CHAVALI NARAYAN, C.A. RESPONDENT BY : SMT. PADMA MEENAKSHI, JCIT (D.R) DATE OF HEARING : 18.06 .2018. DATE OF PRONOUNCEMENT : 18 .06 . 201 8 . O R D E R PER SHRI JASON P BOAZ, AM : THE PRESENT STAY PETITION S ARE FILED BY THE ASSESSEE SEEKING EXTENSION OF STAY OF OUTSTANDING DEMAND OF RS. 1 1,77,37,610 FOR ASSESSMENT YEAR 2011 - 12 AND RS. 2,25,06,140 FOR ASSESSMENT YEA R 2012 - 2 S.P. NO S .16 7 & 168 /BANG/201 8 13 RESPECTIVELY GRANTED BY THIS TRIBUNAL VIDE ORDERS DATED 3.11.2017 . IT IS SUBMITTED THAT THE DELAY IN DISPOSAL OF THE APPEAL S IS NOT ATTRIBUTABLE TO THE ASSESSEE - COMPANY AND THERE WAS NO CHANGE OF CIRCUMSTANCES FROM THE PERIOD OF EARLIER STAY. TH E LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT DISPUTED SUBMISSIONS MADE ON BEHALF OF THE ASSESSEE - COMPANY. 2 WE HAVE HEARD THE SUBMISSIONS OF BOTH PARTIES AND PERUSED THE MATERIAL ON RECORD. IN THE ABOVE CIRCUMSTANCES, WE GRANT EXTENSION OF STAY ON COLLE CTION OF DEMAND UPTO 31.08.2018 OR DISPOSAL OF APPEAL WHICHEVER IS EARLIER . IN COMING TO THIS VIEW, WE DREW SUPPORT FROM THE DECISION S OF THE HON BLE DELHI HIGH COURT IN THE CASE OF HON BLE DELHI HIGH COURT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT (3 76 ITR 87) (DEL) AND THE HON BLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL (295 ITR 22) (BOM.) WHEREIN WHEN IT WAS HELD THAT WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE AN D THERE IS NO CHANGED CIRCUMSTANCES FROM THE DAY OF EARLIER STAY, THE STAY HAD BEEN EXTENDED . THIS GRANT OF EXTENSION OF STAY ON RECOVERY OF OUTSTANDING DEMAND IS SUBJECT TO 3 S.P. NO S .16 7 & 168 /BANG/201 8 CONDITION THAT THE ASSESSEE - COMPANY SHALL NOT SEEK ADJOURNMENT FROM THE HEARING O F THE CASE WITHOUT JUST AND REASONABLE CAUSE. FAILURE ON THE PART OF THE ASSESSEE TO ADHERE TO THE AFORESAID CONDITIONS WILL RESULT IN THE AUTOMATIC VACATION OF THE EXTENSION OF STAY ON RECOVERY GRANTED BY US. THE APPEALS IN IT(TP)A NOS. 306/BANG/2016 & 692/BANG/2017 HAVE BEEN POSTED FOR HEARING ON 12.07. 2018. SINCE THE DATE OF HEARING IS ANNOUNCED IN OPEN COURT IN THE PRESENCE OF THE PARTIES, NO NOTICES FOR HEARING SHALL BE SEPARATELY ISSUED BY REGISTRY. 3. IN THE RESULT, THE STAY PETITION S FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 .06 .2018. SD/ - ( SUNIL KUMAR YADAV ) JUDICIAL MEMBER SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 18 .06 .2018. *REDDY GP