M/s. Toyota Boshoku Automotive India Private Limited, Bangalore V. The Deputy Commissioner of Income Tax, Large Tax Payers Unit, Circle-1, , Bangalore

SA 171/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6011 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSANTHOMAS
• Assessee Lawyers: UMASHANKAR
• Keywords: Application of stay; Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER [SP NO. 171/B/2018 (IN IT (TP) A NO. 1646 /B/201 7 )] (ASSESSMENT YEAR: 20 13 - 1 4 ) M/S. TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED, NO.41, BHIMENAHALLI, M N HALLI POST, BIDADI, RAMANAGARAM DISTRICT 562 109. PAN:AAECT 1871 F VS. THE DY. COMMISSIONER OF INCOME TAX, LARGE TAX PAYERS UNIT, CIRCLE-1, BENGALURU. APPLICANT RESPONDENT APPLICANT BY : SHRI. UMA SHANKAR , CA REVENUE BY : SMT. SUSAN THOMAS, ADDL. CIT DATE OF HEARING : 0 1 / 0 6 /201 8 DATE OF PRONOUNCEMENT : 0 4 / 0 6 /201 8 O R D E R PER SUNIL KUMAR YADAV, JM : THIS STAY PETITION IS PREFERRED BY THE ASSESSEE FOR EXTENSION OF THE STAY EARLIER GRANTED VIDE ORDER DATED 26.02.2018. DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT WHILE GRANTING THE STAY, TRIBUNAL HAS DIRECTED THE ASSESSEE TO DEPOSIT A SUM OF RS.2 CRORE WHICH WAS SUBSEQUENTLY DEPOSITED. THE APPEAL WAS LISTED FOR HEARING ON 17.04.2018 BUT THE HEARING WAS ADJOURNED TO 10.07.2018 BY THE BENCH ITSELF AND ASSESSEE CANNOT BE HELD RESPONSIBLE FOR THE DELAY IN THE DISPOSAL OF THE APPEAL. 2. HAVING CAREFULLY EXAMINED THE ORDER SHEET OF THE FILE IN THE LIGHT OF ASSESSEES SUBMISSIONS, WE FIND HEARING WAS ADJOURNED BY THE BENCH AND NOT AT THE REQUEST OF THE ASSESSEE. THEREFORE, HE CANNOT BE RESPONSIBLE FOR THE DELAY IN [SP NO. 171/B/2018 (IN IT(TP)A NO.1646/B/2017)] PAGE 2 OF 2 DISPOSAL OF THE APPEAL. ACCORDINGLY, WE FIND FORCE IN THE CONTENTIONS OF THE ASSESSEE FOR EXTENSION OF STAY. THUS, THE STAY IS EXTENDED UPTO 31.08.2018. WE ALSO PREPONE THE HEARING OF THIS CASE AND DIRECT THE REGISTRY TO LIST THIS APPEAL FOR HEARING ON 20.06.2018. 4. IN THE RESULT, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 04 TH JUNE, 2018. SD/- SD/- (INTURI RAMA RAO) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BANGALORE DATED : 04/06/2018 /NS/ COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.