M/s The Himalaya Drug Company , Bangalore V. Assistant Commissioner of Income Tax, Central Circle-1(1), Bangalore

SA 198/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6025 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 11 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: 2013-2014
• Appeal Filed On: 20-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMAMEENAKSHI J
• Assessee Lawyers: B R SUDHEENDR
• Keywords: Extension of stay

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. 198 / B /2018 (IN I T (TP) A NO. 1385 / BANG/2 0 16) (ASSESSMENT YEAR: 201 3 - 1 4 ) THE HIM A LAYA DRUG COMPA NY, MAKALI, TUMKUR ROAD, BENGALURU - 562162. VS. PETITIONER ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE - 1(1), BENGALURU. RESPONDENT PETITIONER BY : SHRI B.R. SUDHEENDR, CA. RESPONDENT BY : SMT.PADMAMEENAKSHI , JCIT(DR) D ATE OF HEARING : 27/07/2018 DATE OF PRONOUNCEMENT : 27 / 0 7 /201 8 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. 306 /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. T HE APPEAL IS POSTED FOR HEARING ON 20/08/2018 AND THE DELA Y IN DISPOSAL OF APPEAL BY THE TRIBUNAL IS NOT DUE TO THE ASSESSEE - COMPANY. IT IS THEREFORE, REQUESTED FOR EXTENSION OF STAY. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. NOW THE LAW IS SETTLED BY THE HON BLE DELHI HIGH C OURT 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 ATTRIB UTABLE TO THE ASSESSEE, STAY HAS TO BE SP NO . 1 98 /BANG/201 8 PAGE 2 OF 2 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 EX TEND 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 HEARING WITHOUT ANY REASON ABLE AND JUST CAUSE. 3. IN THE RESULT, THE STAY PETITION I S ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY 2018 SD/ - 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) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE