M/s Epson India Private Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-2(1)(2), Bangalore

SA 223/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6086 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 07-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMER SINGH MEENA
• Assessee Lawyers: PADAM C KHINCHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'C' BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 223/BANG/2018 (IN IT(TP)A NO.2509/BANG/2018) (A.Y. 2014 - 15) M/S. EPSON INDIA PVT. LTD., 12 TH FLOOR, THE MILENIA, TOWER 'A', NO. 1, MURPHY ROAD, ULSOOR BANGALORE 560008 PAN : AAACE7858F THE DCIT, CIRCLE 2 (1) (2), BANGALORE. ASSESSEE BY : SHRI PADAM C KHINCHA, C. A. REVENUE BY : SHRI SUMER SINGH MEENA, 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 THIS STAY PETITION SEEKING S TAY OF DISPUTED OUTSTANDING DEMAND OF RS. 23,48,63,420/- FOR A. Y. 2014 15. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT ON SIMILAR ISSUE, THE TRIBUNAL OR DER IN EARLIER TWO YEARS I.E. A. Y. 2012 13 & 2013 14 IN ITA N O. 293 & 2479/BANG/2017 DATED 27.07.2018 IS AVAILABLE ON PAGES 133 TO 140 O F S. P. MEMO AND IN THOSE TWO YEARS, THE TRIBUNAL RESTORED THE MATTER TO TPO FOR FRESH DECISION WITH SOME DIRECTIONS. HE SUBMITTED THAT IN THE PRESENT YEAR A LSO, EARLY HEARING MAY BE GRANTED AND IF THAT IS DONE, HE DOES NOT PRESS FOR STAY BUT REVENUE SHOULD BE DIRECTED NOT TO TAKE COERCIVE MEASURES FOR COLLECTI ON TILL THAT TIME. LEARNED DR OF THE REVENUE OPPOSED THE GRANTING OF STAY. 3. IN VIEW OF THE FACTS DISCUSSED ABOVE, WE GRANT EARL Y HEARING OF THIS APPEAL BY FIXING PAGE 2 OF 2 S.P. NO.223/BANG/2018 (IN IT(TP)A NO. 2509/BANG/2018) THE SAME FOR HEARING ON 04.10.2018 AND THE STAY PET ITION IS DISMISSED WITH THE DIRECTION TO THE REVENUE THAT TILL THAT TIME, THE REVENUE SHO ULD NOT TAKE ANY COERCIVE MEASURE FOR COLLECTION OF THIS OUTSTANDING DEMAND. 4. IN THE RESULT, THE STAY PETITION FILED BY THE ASSES SEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (SUNIL KUMAR YADAV) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 28.09.2018 /MS/ 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.