Appeal details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 6065 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 month(s) 7 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
C
Assessment Year
2013-2014
Appeal Filed On
24-09-2018
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. 230/BANG/2018 (IN IT (TP) A NO. 42 /BANG/201 8 ) ASSESSMENT YEAR : 20 1 3 - 1 4 M/S. ISG NOVASOFT TECHNOLOGIES LIMITED, MARUTHI SAPPHIRE, 2 ND FLOOR, MADIVALA MACHIDEVA ROAD (HAL OLD AIRPORT ROAD). MURGHESHPALYA, BANGALORE 560 017. PAN: AABCI2488Q VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) (1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI NARENDRA JAIN, ADVOCATE 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 EXTENSION OF THE STAY EARLIER GRANTED BY THE TRIBUNAL IN S.P. NO. 40/BANG/2018 DA TED 26.02.2018 FOR A PERIOD OF SIX MONTHS. 2. IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT THE APPEAL OF THE ASSESSEE WAS HEARD BY THE TRIBUNAL ON 03.07.2018 BUT ORDER OF TH E TRIBUNAL WAS NOT RECEIVED TILL DATE AND THE ASSESSEE HAS NOW COME TO KNOW THA T THIS APPEAL IS RELEASED AND WILL BE REHEARD BY THE TRIBUNAL BUT NO FRESH DA TE OF HEARING HAS BEEN NOTIFIED TO ASSESSEE TILL DATE. IT WAS SUBMITTED B Y LD. AR OF ASSESSEE THAT THE DELAY IN DISPOSED OF APPEAL IS NOT ATTRIBUTABLE TO ASSESSEE AND THEREFORE, EXTENSION OF STAY SHOULD BE GRANTED AND THE APPEAL SHOULD BE FIXED FOR HEARING AT AN EARLY DATE. THE LD. DR OF REVENUE SUBMITTED THAT EXTENSION OF STAY SHOULD NOT BE GRANTED. S.P. NO. 230/BANG/2018 (IN IT(TP)A NO. 42/BANG/2018) PAGE 2 OF 3 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT AS PER THE EARLIER ORDER OF THE TRIBUNAL IN S.P. NO. 40/BANG/2018 DATED 26.0 2.2018, STAY WAS GRANTED FOR A PERIOD OF SIX MONTHS AND IT WAS NOTICED THAT THE APPEAL WAS ALREADY FIXED FOR HEARING ON 08.05.2018. WE ALSO FIND THAT ON 08 .05.2018, THE HEARING WAS ADJOURNED TO 26.06.2018 ON ORAL REQUEST OF ASSESSEE AND THEREAFTER, ON 26.06.2018, HEARING WAS AGAIN ADJOURNED BECAUSE THE ASSESSEE WANTED TIME TO APPOINT COUNSEL. ON BOTH THESE DATES I.E. 08.05 .2018 AND 26.06.2018, MR. SANTOSH HEGDE APPEARED BEING EMPLOYEE OF THE ASSESS EE COMPANY AND NO POA IN FAVOUR OF COUNSEL WAS BROUGHT ON RECORD. TH EREAFTER, THE APPEAL WAS HEARD BY THE TRIBUNAL ON 03.07.2018 AND ON THIS DAT E, SHRI PADAMCHAND KHINCHA, CA APPEARED ON BEHALF OF THE ASSESSEE AS T HE LD. AR OF ASSESSEE AND AS PER THE POA IN HIS FAVOUR BROUGHT ON RECORD BEFORE THE TRIBUNAL, THE SAME WAS EXECUTED ON 02.07.2018. THIS IS ALSO SEEN THAT AS PER THE ORDER SHEET, THIS APPEAL IS RELEASED ON 04.10.2018 WITH T HE NOTING THAT THE ORDER COULD NOT BE DICTATED BY HONBLE JM WITHIN 90 DAYS AND TH EREFORE, THIS APPEAL IS RELEASED AND THE REGISTRY IS DIRECTED TO FIX THIS A PPEAL FOR HEARING IN DUE COURSE. CONSIDERING ALL THESE FACTS, WE FEEL IT PR OPER TO EXTEND THE STAY ALREADY GRANTED TO ASSESSEE UP TO 31.12.2018 AND WE FIX THI S APPEAL FOR HEARING ON 05.11.2018. SINCE THE DATE OF HEARING IS PRONOUNCE D IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED . WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ANY ADJOURNMENT I N THE COURSE OF HEARING OF THIS APPEAL WITHOUT ANY JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, THE STAY GRANTED BY THIS TRIBUNAL ORDER SHOULD GET VACATED A UTOMATICALLY. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (SUNIL KUMAR YADAV) (ARUN KUMAR GAROD IA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 5 TH OCTOBER, 2018. /MS/ S.P. NO. 230/BANG/2018 (IN IT(TP)A NO. 42/BANG/2018) PAGE 3 OF 3 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.
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