Sri. Naveen Kumar Ramasamy , Karur V. Income Tax Officer, Ward 1(4) , Mysore

SA 189/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5991 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 12-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. 189/BANG/2018 (IN ITA NO. 1997/BANG/2018) ASSESSMENT YEAR : 20 09 - 10 SHRI NAVEEN KUMAR RAMASAMY, 29F, C/O R. PALANIAPPAN, B.COM., FCA CHARTERED ACCOUNTANT, PUGALUR ROAD, KARUR 639 001. TAMIL NADU. PAN: AJGPR1413F VS. THE INCOME TAX OFFICER, WARD 1 (4), MYSORE. APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI R.N. SIDDAPPAJI, ADDL. CIT (SR. DR) DATE OF HEARING : 30 . 1 1 .201 8 DATE OF PRONOUNCEMENT : 30 . 1 1 .201 8 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THIS STAY PETITION IS FILED BY THE ASSESSEE SEEKING STAY OF OUTSTANDING DISPUTED DEMAND OF RS. 3,33,026/- FOR ASSESSMENT YEAR 2009-1 0. 2. THIS STAY PETITION WAS FILED BY THE ASSESSEE ON 12.06.2018 BUT SINCE THERE WAS SOME DEFECTS, IT WAS FIXED FOR HEARING FOR THE FIRST TIME ON 12.10.2018 AND ON THAT DATE, NONE APPEARED ON BEHALF OF THE AS SESSEE AND HENCE, HEARING WAS ADJOURNED TO 02.11.2018 AND NOTICE OF H EARING WAS ISSUED TO ASSESSEE BY RPAD BUT ON 02.11.2018 ALSO, NONE APPEA RED ON BEHALF OF THE ASSESSEE. AGAIN THE HEARING WAS ADJOURNED TO 30.11 .2018 AND NOTICE OF HEARING WAS AGAIN SENT TO THE ASSESSEE BY RPAD AND NOTICE HAS BEEN DULY S.P. NO. 189/BANG/2018 (IN ITA NO. 1997/BANG/2018) PAGE 2 OF 2 SERVED ON THE ASSESSEE AS PER ACKNOWLEDGEMENT AVAIL ABLE ON RECORD. IN SPITE OF THIS, NONE APPEARED ON BEHALF OF THE ASSES SEE ON 30.11.2018 AND THEREFORE, THE STAY PETITION OF THE ASSESSEE WAS HE ARD EX-PARTE QUA THE ASSESSEE. THE LD. DR OF REVENUE SUBMITTED THAT SIN CE, THE ASSESSEE HAS NOT APPEARED TO ARGUE THE STAY PETITION OR EVEN TO SEEK ADJOURNMENT, IT SHOULD BE ACCEPTED THAT THERE IS NO THREAT OF RECOV ERY AND THEREFORE, THE STAY PETITION SHOULD BE DISMISSED. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR OF REVENUE AND IN VIEW OF THE FACTS DISCUSSED ABOVE, WE DISMISS THE STAY P ETITION FILED BY THE ASSESSEE. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 30 TH NOVEMBER, 2018. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.