Shri. Susil Kumar Kothari, Bangalore V. Income Tax Office, Ward-8(3), Bangalore

SA 169/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5981 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 13 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: 2009-2010
• Appeal Filed On: 18-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: SUNIL D SURANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 169/BANG/2018 (IN ITA NO. 1648/BANG/18) (A.Y. 2009 - 10) SHRI SUSHIL KUMAR KOTHARI, #643, MAHAVEER KUNJ, 1 ST FLOOR, OPP. MUNIGANGA KALYANMANTAP, BASAVESHWARANAGAR, BANGALORE 560079. PAN : A WGPK8175Q THE INCOME TAX OFFICER, WARD 8 (3), BANGALORE. ASSESSEE BY : SHRI SUNIL D. SUR ANA, C. A. REVENUE BY : SMT. PADMAMEENAKSH I, JCIT DR DATE OF HEARING :01.06.2018. DATE OF PRONOUNCEMENT :01.06.2018. O R D E R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION S EEKING STAY ON COLLECTION OF OUTSTANDING DISPUTED DEMAND OF RS.2,49.760/- FOR TH E ASSESSMENT YEAR 2009 - 10. 2. IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESS EE THAT THE ASSESSEE CAN MAKE PART PAYMENT AND HE OFFERED THAT PAYMENT OF RS . 50,000/- CAN BE MADE BY THE ASSESSEE AND THE BALANCE DEMAND SHOULD BE STAYED AS THE ASSESSEE HAS A GOOD PRIMA FACIE CASE. LEARNED DR OF THE REVENUE OPPOSED TO THE GRANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE FACTS AND THE ORDERS OF THE AUTHORITIES BELOW. IN VIEW OF THE FAC TS OF THE PRESENT CASE, WE GRANT STAY FOR 3 MONTHS FROM THE DATE OF THIS ORDER OR TILL TH E DISPOSAL OF THE APPEAL OF THE ASSESSEE WHICHEVER IS EARLIER AND THIS STAY IS GRAN TED SUBJECT TO THIS CONDITION THAT THE ASSESSEE HAS TO MAKE PAYMENT OF RS. 75,000/- ON OR BEFORE 15.06.2018. WE ALSO DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEA RING ON 25.06.2018 AND SINCE THIS DATE OF HEARING WAS PRONOUNCED IN OPEN COURT, NO NO TICE OF HEARING IS REQUIRED TO BE ISSUED. WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS IN COURSE OF HEARING OF THIS APPEAL AND IF THE ASSESSEE DOES SO, THE STAY GRANTED BY THIS ORDER SHALL GET V ACATED AUTOMATICALLY. 2 S.P. NO.169/BANG/2018 (IN ITA NO. 1648/BANG/2018) 4. IN THE RESULT, THE STAY PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 01.06.2018. *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.