M/s. Sobha City, Bengaluru V. Assistant Commissioner of Income Tax, Circle-1(2)(2), Bengaluru

SA 179/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6004 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Extension of stay

Judgement Text

SP.179/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER STAY PETITION NO.179/BANG/2018 (IN I.T(TP).A NO.2573/BANG/2017) (ASSESSMENT YEAR : 2013-14) M/S. SOBHA CITY, E-106, SIMROSE CHAMBERS, 22, ULSOOR ROAD, ULSOOR, BENGALURU 560 042 .. APPELLANT PAN : ABIFS9913P V. ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -1(2)(2), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. NAGESHWAR RAO, ADVOCATE REVENUE BY : DR. P. V. PRADEEP KUMAR, ADDL. CIT HEARD ON : 31.08.2018 PRONOUNCED ON : 04.09.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT STAY PETITION IS FILED BY THE ASSESSEE , SEEKING EXTENSION OF STAY EARLIER GRANTED VIDE ORDER IN SP NO.41/BANG/2018, DT.26.02.2018, WHEREBY STAY WAS GRANTED TILL 31.05. 2018. SP.179/BANG/2018 PAGE - 2 02. THE LD. AR FOR THE ASSESSEE HAS SUBMITTED THAT THERE IS NO CHANGE IN FACTS AND THAT THE MATTER IS NOW POSTED F OR HEARING ON MERIT ON 05.09.2018. HOWEVER, THE ORDER ADJUDICATI NG THE PRELIMINARY GROUND PASSED BY THE TRIBUNAL IS NOT AV AILABLE. 03. THE LD. DR HAS SUBMITTED THAT THE ASSESSEE BE B URDENED WITH SOME ADDITIONAL CONDITION TO DEPOSIT THE AMOUNT, A S A PRE-CONDITION FOR EXTENSION OF STAY. 04. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. AS THERE IS NO CHANGE IN FACTS FROM THE DATE OF GRA NT OF EARLIER STAY, EXCEPT THE MATTER IS FOR 05.09.2018 FOR HEARING ON MERIT, ALBEIT DRAFT ORDER IS LYING FOR APPROVAL WITH THE HONBLE ACCOU NTANT MEMBER (SHRI. INTURI RAMA RAO), WHO IS ON TOUR TO HYDERAB AD. 05 THEREFORE IN THE FITNESS OF FACTS AND CIRCUMSTAN CES, WE DEEM IT APPROPRIATE TO EXTEND THE STAY EARLIER GRANTED B Y THE TRIBUNAL FOR A FURTHER PERIOD OF SIX MONTHS FROM 01.09.2018, OR TI LLDISPOSAL OF APPEAL WHICHEVER IS EARLIER, ON THE SAME TERMS AND CONDITIONS AS MENTIONED IN THE EARLIER STAY ORDER. 06. IT WAS ALSO PRAYED BY THE LD AR THAT THE DATE F IXED BY THE TRIBUNAL FOR HEARING, FOR 05.09.2018 BE CHANGED TO SOME LATER DATE AS HE IS NOT AVAILABLE ON 05.09.2018 ON ACCOUNT OF PRE-OCCUPATION WITH ANOTHER PART HEARD MATTER BEFORE THE DELHI TR IBUNAL. 06. IN VIEW OF THE SUBMISSIONS MADE BY THE LD. AR A ND WITH THE CONSENT OF LD. DR ON THIS COUNT, WE CHANGE THE DATE OF HEARING AS 25.09.2018 , INSTEAD OF 05.09.2018. NO SEPARATE NOT ICE SHALL BE SP.179/BANG/2018 PAGE - 3 GIVEN TO THE PARTIES FOR THE DATE OF HEARING. THE MATTER SHALL CONTINUE TO BE PART-HEARD. 07. IN THE RESULT, STAY PETITION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 4TH DAY OF SE PTEMBER, 2018. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBE R BENGALURU DATED :04.09.2018 MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE