Shri. C.C. MohanKumar , Mysore V. Income Tax Officer, Ward-2(1), Mysore

SA 229/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6073 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 7 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-10-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 24-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR P V PRADEEP KUMAR ADD L

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER S.P. NO. 229/BANG/2018 (IN ITA NO. 2632 /BANG/201 8 ) ASSESSMENT YEAR : 20 1 2 - 1 3 SHRI C.C. MOHANKUMAR, NO. 213, 4 TH MAIN, 7/A CROSS, SUBHASH NAGAR, MYSURU 570 023. PAN: ABQPM2107D VS. THE INCOME TAX OFFICER, WARD 2 (1), MYSURU. APPELLANT RESPONDENT ASSESSEE BY : SHRI VAGEESH HEGDE, CA REVENUE BY : DR. P.V. PRADEEP KUMAR, A DDL. CIT (DR) DATE OF HEARING : 05 . 10 .201 8 DATE OF PRONOUNCEMENT : 05 . 10 .201 8 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THIS STAY PETITION IS FILED BY THE ASSESSEE SEEKING STAY OF OUTSTANDING DISPUTED DEMAND OF RS. 19,35,057/-. 2. IN THE COURSE OF HEARING OF THE STAY PETITION, I T WAS SUBMITTED BY LD. AR OF ASSESSEE THAT THE ASSESSEE IS NOT PRESSING FOR GRANTING OF S TAY IF EARLIER HEARING IS GRANTED TO THE ASSESSEE. THE LD. DR OF REVENUE HAD NO OBJECTION F OR GRANTING OF EARLY HEARING. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE FIND THAT AS PER COLUMN 8 OF S.P. OF ASSESSEE, IT HAS BEEN STATED BY THE ASSESSEE THAT T HE ASSESSEE HAS NOT MADE ANY APPLICATION FOR STAY BEFORE REVENUE AUTHORITIES I.E . THE ITO AND CIT. CONSIDERING ALL THESE FACTS, WE HOLD THAT GRANTING OF STAY IN THE P RESENT CASE IS NOT PROPER AND HENCE, WE DISMISS THE STAY PETITION BUT WE GRANT EARLY HEA RING TO THE ASSESSEE AND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING ON 29.10.20 18. SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (SUNIL KUMAR YADAV) (ARUN KUMAR GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 5 TH OCTOBER, 2018. /MS/ S.P. NO. 229/BANG/2018 (IN ITA NO. 2632/BANG/2018) PAGE 2 OF 2 COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.