M/s. NXP Semiconductors India Private Limited, Bangalore V. Deputy Commissioner of Income Tax, Circle-5(1)(1), Bangalore

SA 217/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6062 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 1 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: 2011-2012
• Appeal Filed On: 30-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Extension of stay
• Section: 12; 11

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. NOS. 217 & 218/BANG/2018 (IN IT (TP)A NOS. 306/BANG/2016 & 692/BANG/2017) ASSESSMENT YEAR S : 20 1 1 - 12 & 201 2 - 1 3 M/S. NXP INDIA PRIVATE LIMITED, INFORMATION TECHNOLOGY PARK, NAGAWARA VILLAGE, KASABA HOBLI, BANGALORE 560 045. PAN: AADCP9454H VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5 (1) (1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI CHAVALI NARAYAN, CA REVENUE BY : SHRI R.N. SIDDAPPAJI, ADDL. CIT (DR) DATE OF HEARING : 0 8 . 0 2 .201 9 DATE OF PRONOUNCEMENT : 08 . 0 2 .201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THESE TWO STAY PETITIONS ARE FILED BY THE ASSESSEE SEEKING EXTENSION OF STAY GRANTED BY THE TRIBUNAL FIRST ON 03.11.2017 AN D THEN EXTENDED ON 18.06.2018 FOR A PERIOD OF SIX MONTHS. 2. IN COURSE OF HEARING, IT WAS SUBMITTED BY THE LD . AR OF ASSESSEE THAT THE APPEAL OF THE ASSESSEE WAS FIXED FOR HEARING ON 12. 07.2018 AS PER THE STAY ORDER PASSED BY THE TRIBUNAL ON 18.06.2018. THEREA FTER HE SUBMITTED THAT THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE AND THEREFORE, EXTENSION OF STAY SHOULD BE GRANTED. TH E LD. DR OF REVENUE STRONGLY OPPOSED GRANTING EXTENSION OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT THE HEARING WAS FIXED ON 12.07.2018 AND BEFORE THIS DATE I.E. ON 10 .07.2018, THE BENCH ADJOURNED THE HEARING TO 25.09.2018 BECAUSE OF CONS OLIDATION OF SOME OTHER APPEALS. ON 25.09.2018, THE HEARING WAS ADJO URNED TO 16.01.2019 S.P. NOS. 217 & 218/BANG/2018 (IN IT(TP)A NOS. 306/BANG/2016 & 692/BANG/2017) PAGE 2 OF 2 BECAUSE IT WAS SUBMITTED BY LD. DR OF REVENUE ON TH AT DATE THAT THIS IS NOT A STAY GRANTED MATTER SINCE THE STAY HAS ALREADY EXPI RED ALTHOUGH THE ASSESSEE HAS ALREADY FILED STAY PETITION FOR EXTENS ION OF STAY ON 30.08.2018. ON 16.01.2019, THE BENCH DID NOT FUNCTION AND THERE FORE, THE HEARING WAS ADJOURNED TO 22.05.2019. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VI EW OF THE FACTS DISCUSSED ABOVE, IT IS SEEN THAT THE DELAY IN DISPOSAL OF APP EAL IS NOT ATTRIBUTABLE TO ASSESSEE AND THEREFORE, WE GRANT EXTENSION OF STAY ON COLLECTION OF DISPUTED OUTSTANDING DEMAND FOR A PERIOD OF THREE MONTHS FRO M THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EAR LIER. THE HEARING IS PREPONED TO 18.02.2019 AND SINCE, THE DATE OF HEARI NG WAS PRONOUNCED IN OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIR ED TO BE ISSUED. WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COURSE OF HEARING OF THE APPEAL WITHOUT ANY JUSTIFI ABLE REASONS AND IF THE ASSESSEE DOES SO, THEN THE STAY GRANTED BY THIS ORD ER SHALL STAND VACATED AUTOMATICALLY. 5. IN THE RESULT, BOTH THE STAY PETITIONS FILED BY THE ASSESSEE ARE ALLOWED. 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 8 TH FEBRUARY, 2019. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.