Appeal Details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 6072 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 month(s) 25 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
B
Assessment Year
2011-2012
Appeal Filed On
06-09-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B' BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 221 & 222/BANG/2018 (IN IT (TP) A NOS. 626/B/2016 & 2460/BANG/2017) (A.YS. 2011-12 & 2013 - 14) M/S. CGI INFORMATION SYSTEMS CONSULTANTS PVT. LTD., E. CITY, TOWER 2, 95/1 & 95/2, ELECTRONIC CITY PHASE 1, (WEST), BANGALORE 560100 PAN : AAACL3330M THE DCIT, CIRCLE 2 (1) (1), BANGALORE. ASSESSEE BY : SHRI T. SURYANARAYANA, ADVOCATE REVENUE BY : SHRI BHASKAR REDDY, ADDL. CIT DR DATE OF HEARING :28.09.2018. DATE OF PRONOUNCEMENT :28.09.2018. ORDER PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THESE TWO STAY PETITIONS SEE KING EXTENSION OF STAY EARLIER GRANTED BY THE TRIBUNAL ON 02.03.2018 IN S. P. NO. 68 TO 70/BANG/2017 FOR 6 MONTHS FOR A. Y. 2010-11 TO 2012-13 AND ON 09 .03.2018 IN S. P. NO. 71/BANG/2018 FOR A. Y. 2013-14. AS PER THE PRESENT STAY PETITIONS, THE DISPUTED OUTSTANDING DEMANDS ARE OF RS.7,91,72,346/ - FOR A. Y. 2011-12 & RS. 11,97,95,494/- FOR A. Y. 2013-14. IT WAS POINTE D OUT IN COURSE OF HEARING BY THE LEARNED AR OF THE ASSESSEE THAT AS PER EARLI ER STAY ORDER FOR A. Y. 2011-12 DATED 02.03.2018 ALSO, SAME AMOUNT OF RS. 7 ,91,72,346/- WAS OUTSTANDING AND SUCH OUTSTANDING WAS AFTER PAYMENT OF 70.545% OF THE TOTAL DISPUTED DEMAND FOR THAT YEAR. REGARDING A. Y. 2013 -14, HE SUBMITTED THAT THE TRIBUNAL AS PER STAY ORDER DATED 09.03.2018, HA D DIRECTED THE ASSESSEE TO MAKE PAYMENT OF RS. 3 CRORES BON OR BEFORE 25.03 .2018 WHICH IS APPROX. 50% OF NET TAX DEMAND EXCLUDING INTEREST OF RS. 5.8 0 CRORES AND THE ASSESSEE HAS DULY COMPLIED WITH THIS TRIBUNAL DIREC TION AND MADE PAYMENT PAGE 2 OF 3 S.P. NOS. 221 & 222/BANG/2018 (IN IT(TP)A NOS. 626/BANG/2016 & 2460/BANG/2017) OF RS. 3 CRORES ON 14.03.2018. 2. THEREAFTER, HE SUBMITTED THAT THE APPEAL FOR A. Y. 2011-12 WAS ALREADY HEARD BY THE TRIBUNAL ON 18.07.2018 BUT LATER RELEASED ON 17 .09.2018 AND THE HEARING IS NOW FIXED ON 30.10.2018. HE SUBMITTED THAT THE DELA Y IN DISPOSAL OF THESE APPEALS IS NOT ATTRIBUTABLE TO THE ASSESSEE AND THE REFORE, EXTENSION OF STAY SHOULD BE GRANTED. REGARDING THE HEARING OF THE ASS ESSEE'S APPEAL FOR A. Y. 2013-14, HE SUBMITTED THAT THIS APPEAL IS ALREADY H EARD BY THE TRIBUNAL ON 12.09.2018 AND THE ORDER IS AWAITED. LEARNED DR OF THE REVENUE OPPOSED TO THIS REQUEST OF THE ASSESSEE FOR EXTENSION OF STAY IN BO TH YEARS. 3. WE HAVE CONSIDERED THE ENTIRE FACTS AS DISCUSSED ABOVE AND CONSIDERED THE RIVAL SUBMISSIONS. IN OUR CONSIDERED OPINION, SINCE THE A SSESSEE HAS COMPLIED WITH THE DIRECTIONS OF THE BENCH AS PER EARLIER S. P. OR DER DATED 09.03.2018 FOR A. Y. 2013-14 AND THE APPEAL FOR THIS YEAR IS ALREADY HEA RD AND ORDER IS AWAITED AND FOR A. Y. 2011-12 ALSO, THE APPEAL WAS HEARD AND RE LEASED BY THE TRIBUNAL, IT HAS TO BE ACCEPTED THAT THE DELAY IN DISPOSAL OF THESE APPEALS IS NOT ATTRIBUTABLE TO THE ASSESSEE AND THEREFORE, WE FEEL IT PROPER TO GR ANT EXTENSION OF STAY. WE THEREFORE, GRANT EXTENSION OF STAY FOR 3 MONTHS FRO M THE DATE OF THIS ORDER OR TILL DISPOSAL OF THESE APPEALS, WHICHEVER IS EARLIER. WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT IN COURSE OF H EARING OF THE APPEALS WITHOUT JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, TH E STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATICALLY. 4. IN THE RESULT, THE STAY PETITIONS FILED BY THE A SSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 28.09.2018 MS* PAGE 3 OF 3 S.P. NOS. 221 & 222/BANG/2018 (IN IT(TP)A NOS. 626/BANG/2016 & 2460/BANG/2017) COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.
