Appeal details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 6019 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
9 month(s) 11 day(s)
Appellant
Respondent
Appeal Type
Income Tax (Transfer Pricing) Appeal
Pronouncement Date
01-05-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
C
Assessment Year
2012-2013
Appeal Filed On
20-07-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, BENGALURU BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER STAY PETN.NO. 197/BANG/2018 (IN IT(TP)A NO. 718 /BANG/2016) (ASSESSMENT YEAR: 201 2 - 1 3 ) M/S.INFOSYS LTD., ELECTRONIC CITY, HOSUR ROAD, BANGALORE - 560 100. PAN: AAACI 4798 L VS. PETITIONER ASST.COMMISSIONER OF INCOME - TAX, CIRCLE 3(1)(1), BANGALORE. RESPONDENT PETITIONER BY : SHRI B.R.SUDHEENDRA , CA. RESPONDENT BY : SMT.PADMAM EENAKSHI, JCIT(DR) DATE OF HEARING : 27/07/2018 DATE OF PRONOUNCEMENT : 27 /07/2018 O R D E R PER I NTURI RAMA RAO, AM : THIS STAY PETITION IS FILED BY THE ASSESSEE - COMPANY SEEKING EXTENSION OF STAY GRANTED BY THIS TRIBUNAL IN SP NO. 303 /BANG/ 2017 DATED 25/01/2018. IT IS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE TRIBUNAL VIDE ORDER DATED 25/01/2018 HAD GRANTED STAY FOR A PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE APPEAL IS POSTED FOR HEARING ON 02 /08/2018 AND THE DELAY IN DISPOSAL OF APPEAL BY THE TRIBUNAL IS NOT DUE TO THE ASSESSEE - COMPANY. IT IS THEREFORE, REQUESTED FOR EXTENSION OF STAY. SP NO. 197 /BANG/201 8 PAGE 2 OF 2 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. NOW THE LAW IS SETTLED BY T HE HON BLE DELHI HIGH COURT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT 376 ITR 87 (DEL) AND THE HON BLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL ( 295 ITR 22 ) (BOM . ) THAT WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, STAY HAS TO BE EXTENDED. THIS RATIO WAS FOLLOWED BY THE CO - ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF M/S. SAP LABS INDIA PVT. LTD. VS. ACIT (67 TAXMANN.COM 78). WE MAY FURTHER STATE THAT THE EXISTENCE OF ALL CONDITIONS FOR GRANT OF STAY HAS ALREADY BEEN CONSIDERED BY THE TRIBUNAL AT THE TIME OF GRANTING ORIGINAL STAY AND NO NEW CONDITION CAN BE IMPOSED WHILE EXTENDING THE STAY. RESPECTFULLY FOLLOWING THE DECISION OF THE CO - ORDINATE BENCH, WE HOLD THAT IT IS A FIT CASE TO EXTEND STAY FOR A FURTHER PERIOD OF 180 DAYS COMMENCING FROM TODAY I.E. 27/07/2018 OR TILL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE STAY IS SUBJECT TO CONDITION THAT THE ASSESSEE SHALL NOT SEEK ADJOURNMENT OF THE CASE FROM HEA RING WITHOUT ANY REASONABLE AND JUST CAUSE. 3. IN THE RESULT, THE STAY PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY 2018 S D/ - SD/ - (N.V.VASUDEVAN) ( INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT M EMBER PLACE : BENGALURU. D A T E D : 27 /07/2018 SRINIVASULU, SPS COPY TO : 1 PETITIONER 2 RESPONDENT 3 CIT(A) - II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE
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