M/s. H. M. Constructions, Bangalore V. Deputy commissioner of Income Tax, Central Range - 1(4), Bangalore

SA 194/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6028 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 19 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: misc
• Appeal Filed On: 12-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER S.P. NOS. 192 TO 194/BANG/2018 [ IN ITA NO S . 67 TO 69/BANG/2017] ASSESSMENT YEAR S : 2006 - 07 TO 2008 - 09 M/S. H.M. CONSTRUCTIONS, H M GENEVA HOUSE, NO.14, CUNNINGHAM ROAD, BANGALORE - 560 052. PAN: AAAFH 8510L VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL RANGE 1(4), BANGALORE. APPLICANT RESPONDENT APPLICANT BY : SHRI RAVI SHANKAR, ADVOCATE RE SPONDENT BY : NONE DATE OF HEARING : 2 7 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 27 . 0 7 .201 8 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THESE ARE APPLICATIONS FILED BY THE ASSESSEE SEE KING AN ORDER OF EXTENSION OF STAY OF RECOVERY OF OUTSTANDING DEMAND AS FOLLOWS:- ASST. YEAR OUTSTANDING DEMAND RS. INTEREST PAYABLE 2006 - 07 4,80,93,278 2,62,00,000 2007 - 08 6,29,68,848 2,64,00,000 2008 - 09 99,10,297 54,00,000 2. THIS TRIBUNAL AFTER EXAMINING THE EXISTENCE OF A PRIMA FACIE CASE, BALANCE OF CONVENIENCE AND RELATIVE HARDSHIP, HAD G RANTED STAY OF RECOVERY S.P. NOS. 192 TO 194/BANG/2018 PAGE 2 OF 3 OF OUTSTANDING DEMAND ON CERTAIN CONDITIONS VIDE OR DER DATED 22.01.2018. THE STAY SO GRANTED WAS EFFECTIVE FOR A PERIOD OF S IX MONTHS FROM 22.01.2018. IT IS NOT IN DISPUTE BEFORE THAT THE A SSESSEE HAS COMPLIED WITH THOSE CONDITIONS ENFORCED BY THE TRIBUNAL. IT WAS ALSO STATED ON OATH BY THE ASSESSEE THAT THE DELAY IN NON-DISPOSAL OF THE ABOVE APPEALS IS NOT ATTRIBUTABLE TO THE ASSESSEE. IN THIS REGARD, OUR ATTENTION WAS DRAWN TO THE FOLLOWING DATES ON WHICH THE APPEALS WERE LISTED FO R HEARING AND THE REASONS WHY THE APPEALS COULD NOT BE HEARD:- DATE ADJOURNMENT BY 28.03.2018 BENCH 19.04.2018 REVENUE 21.06.2018 REVENUE 11.07.2018 REVENUE 3. IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THERE SHOULD BE AN ORDER OF EXTENSION OF STAY OF RECOVERY OF OUTSTANDING DEMAND FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER, OR TILL THE DISPOSAL OF THE APPEALS OF THE ASSESSEE BY THE TRIBUNAL, WHICHEVER IS EARLIER. 4. IN THE RESULT, THE STAY PETITIONS ARE ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF JULY, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 27 TH JULY, 2018. / D ESAI S MURTHY / S.P. NOS. 192 TO 194/BANG/2018 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.