M/s, Essilor India Pvt Ltd, Bengaluru V. Deputy Commissioner of Income Tax, Circle-2(1)(2), Bengaluru

SA 227/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6075 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 20-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIMAL ANAND
• Assessee Lawyers: RAMASUBRAMANIAN
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'C' BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 227/BANG/2018 (IN IT(TP)A NO.2905/BANG/2017) (A.Y. 2013 - 14) M/S ESSILOR INDIA PVT. LTD., PRESTIGE TRADE TOWERS, 10 TH FLOOR, 46 PALACE ROAD, HIGH GROUNDS, SAMPANGI RAMA NAGAR, BANGALORE 560001. PAN : AAACE4623J THE DCIT, CIRCLE 2 (1) (2), BANGALORE. ASSESSEE BY : SHRI RAMA SUBRAMANIAN, C. A. REVENUE BY : SHRI VIMAL ANAND. 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 E XTENSION OF STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 13,46,28,090/- FOR A. Y. 2013-14. EARLIER STAY WAS GRANTED BY THE TRIBUNAL IN S.P. NO. 304/BANG/2017 D ATED 09.03.2018 FOR 6 MONTHS WITH THE CONDITION THAT THE ASSESSEE HAS TO MAKE PA YMENT OF RS. 35 LACS ON OR BEFORE 25.03.2018. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE ASSESSEE HAS COMPLIED WITH TH E CONDITION OF STAY AND MADE PAYMENT OF RS. 35 LACS ON 22.03.2018. HE ALSO SUBMI TTED THAT THE HEARING OF THIS APPEAL IS IN PROGRESS AND IT IS PARTLY HEARD AND NO W FIXED FOR FURTHER HEARING ON 03.10.2018 AS A PART HEARD MATTER. LEARNED DR OF TH E REVENUE OPPOSED TO THIS REQUEST OF THE ASSESSEE FOR GRANTING OF STAY. PAGE 2 OF 2 S.P. NO. 227/BANG/2018 (IN IT(TP)A NO. 2905/BANG/2017) 3. WE HAVE CONSIDERED THE ENTIRE FACTS AS DISCUSSED ABOVE AND CONSIDERED THE RIVAL SUBMISSIONS. IN OUR CONSIDERED OPINION, IN THE FACT S OF THE PRESENT CASE, EXTENSION OF STAY IS JUSTIFIED. HENCE, WE EXTEND TH E STAY FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISP OSAL OF THIS APPEAL WHICHEVER IS EARLIER. WE ORDER ACCORDINGLY. WE WANT TO MAKE IT C LEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS IN COURSE OF HEARING OF THIS APPEAL, WHICH IS FIXED FOR HEARING ON 03.10.2018 AN D IF THE ASSESSEE DOES SO, THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATICALLY. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE D ATE OF HEARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (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.