M/s. Toyota Boshoku Automotive India Private Limited, Bangalore V. The Deputy Commissioner of Income Tax Large Tax Payers Unit Circle-1 , Bangalore

SA 225/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6058 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 14 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: 2013-2014
• Appeal Filed On: 17-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIDDAPP A JI R N
• Assessee Lawyers: UMASHANKAR GAUTAM
• Keywords: Extension of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE S HRI SUNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER S.P. NO . 225 /BANG/2018 (IN I.T. (T.P) A. NO . 1646 /BANG/201 7 ) (ASSE SSMENT YEAR : 20 13 - 14 ) M/S. TOYOTA BOSHOKU AUTOMOTIVE INDIA PVT. LTD., 41, BHIMENAHALLI, M N HALLI POST, BIDADI, RAMANAGARAM DIST. - 562 109 . PETITIONER . VS. DY. COMMISSIONER OF INCOME TAX, LTU, CIRCLE - 1 , BANGALORE. .. RESPONDENT. PETITIONER BY : SHRI UMASHANKAR GAUTAM, ADVOCATE . RESPONDENT BY : SHRI SIDDAPPAJI R N , ADDL. CIT (D.R) DATE OF HEARING : 28.09 .2018. DATE OF PRONOUNCEMENT : 28.09 . 201 8 . O R D E R PER SHRI JASON P BOAZ, AM : THE PRESENT STAY PETITION FILED BY THE ASSESSEE SEEK S EXTENSION OF STAY O N COLLECTION OF OUTSTANDING DEMAND OF RS. 9,43,11,762 FOR ASSESSMENT YEAR 201 3 - 14 GRANTED BY THIS TRIBUNAL VIDE ORDERS DATED 2 S.P. NO . 225 /BANG/201 8 4.6.2018 . IT IS SUBMITTED THAT THE DELAY IN DISPOSAL OF THE APPEAL S IS NOT ATTRIBUTABLE TO THE ASSESSEE - COMPANY AND THERE WAS NO CHANGE OF CIRCUMSTANCES FROM THE PERIOD OF EARLIER STAY. THE LEARNED DEPARTMEN TAL REPRESENTATIVE HAS NOT DISPUTED SUBMISSIONS MADE ON BEHALF OF THE ASSESSEE - COMPANY. 2 WE HAVE HEARD THE SUBMISSIONS OF BOTH PARTIES AND PERUSED THE MATERIAL ON RECORD. IN THE ABOVE CIRCUMSTANCES, WE GRANT EXTENSION OF STAY ON COLLECTION OF DEMAND FOR A PERIOD OF 3 MONTHS COMMENCING TODAY, 28.9.2018 OR DISPOSAL OF APPEAL WHICHEVER IS EARLIER . IN COMING TO THIS VIEW, WE DREW SUPPORT FROM THE DECISION S OF THE HON BLE DELHI HIGH COURT IN THE CASE OF HON BLE DELHI HIGH COURT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT (376 ITR 87) (DEL) AN D THE HON BLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL (295 ITR 22) (BOM.) WHEREIN WHEN IT WAS HELD THAT WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE AND THERE IS NO CHANG ED CIRCUMSTANCES FROM THE DAY OF EARLIER STAY, THE STAY HAD BEEN EXTENDED . THIS GRANT OF EXTENSION OF STAY ON RECOVERY OF OUTSTANDING 3 S.P. NO . 225 /BANG/201 8 DEMAND IS SUBJECT TO CONDITION THAT THE ASSESSEE - COMPANY SHALL NOT SEEK ADJOURNMENT FROM THE HEARING OF THE CASE WITHOUT JUST AND REASONABLE CAUSE. FAILURE ON THE PART OF THE ASSESSEE TO ADHERE TO THE AFORESAID CONDITIONS WILL RESULT IN THE AUTOMATIC VACATION OF THE EXTENSION OF STAY ON RECOVERY GRANTED BY US. THE APPEAL IN IT (TP)A NO . 1646 /BANG/201 7 HA S BEEN POSTED FOR HEARING ON 12. 10 . 2018. SINCE THE DATE OF HEARING IS ANNOUNCED IN OPEN COURT IN THE PRESENCE OF THE PARTIES, NO NOTICES FOR HEARING SHALL BE SEPARATELY ISSUED BY REGISTRY. 3. IN THE RESULT, THE STAY PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.09 .2018. SD/ - ( SUNIL KUMAR YADAV ) JUDICIAL MEMBER SD/ - ( JASON P BOAZ ) ACCOUNTANT MEMBER BANGALORE, DT. 28.09 .2018. *REDDY GP