M/s PGS Premiere Conferencing Private Limited , Bangalore V. Assistant Commissioner of Income Tax, Circle-5(1)(2), Bangalore

SA 202/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6048 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 27-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BENGALURU BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALI E T KUMAR, JUDICIAL MEMBER STAY PETN.NO. 20 2 / B /2018 (IN I TA NO. 280 5 / BANG/2 0 1 7 ) (ASSESSMENT YEAR: 201 4 - 15 ) M/S.PGS PREMIERE CONFERENCING PVT.LTD. PLOT NO.117, NEIL RAO TOWERS, 3 EPIP PHASE I, SUITE 3W BENGALURU. PAN:AAFCP 4234M VS. PETITIONER ASSISTANT COMMISSIONER OF INCOME - TAX CIRCLE 5(1)( 2 ) BENGALURU. RESPONDENT PETITIONER BY : SHRI SUDHEENDRA, ADVOCATE. RES PONDENT BY : SHRI R.N.SIDDAPPAJI, ADDL.CIT (DR). DATE OF HEARING : 03 /0 8 /2018 DATE OF PRONOUNCEMENT : 03 / 0 8 /201 8 O R D E R PER I NTURI RAMA RAO, AM : TH IS PETI TION IS FILED BY THE A SSESSEE SEEKING FOR GRANT OF EXTENSION OF STAY OF OUTSTANDING DEM AND GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 29 TH JANUARY, 2018 IN SP NO.298/BANG/2017 ARISING OUT OF ITA NO.2805/BANG/2017 FOR THE ASSESSMENT YEAR 2014 - 15. 2. IT IS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE TRIBUNAL VIDE ORDER DATED 29 TH JANUARY, 2018 HAD GRANTED STAY FOR 180 DAYS . THE APPEAL FILED BY THE ASSESSEE - COMPANY BEFORE THIS TRIBUNAL IS FIXED FOR HEARING ON 6 TH AUGUST 201 8 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 . 20 2 /B AN G /201 8 PAGE 2 OF 2 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. NOW THE LAW IS SETTLED BY THE 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 . ) 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 30/09/2018 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 REASONABLE AND JUST CAUSE. 4 . IN THE RESULT, THE STAY PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD AUGUST, 2018. SD/ - SD/ - ( LALIE T KUMAR) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 03 / 0 8 /201 8 SRINIVASULU, SPS COPY TO : 1 PET ITIONER 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRI BUNAL BANGALORE