M/s. Inteva Products India Automotive Private Limited , Bangalore V. Assistant Commissioner of Income Tax Circle-3(1)(1), Bangalore

SA 235/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6107 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 3 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: 2012-2013
• Appeal Filed On: 28-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P SIDDAPPAJI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 235/BANG/2018 (IN IT(TP)A NO.830/BANG/2017) (A.Y. 2012 13) M/S. INTEVA PRODUCTS INDIA AUTOMOTIVE PVT. LTD., (FORMERLY KNOWS AS MERITOR LVS INDIA PVT. LTD.) MANYATA EMBASSY BUSINESS PARK, N1 BLOCK 4 TH FLOOR, OUTER RING ROAD, KR PURAM HOBLI, NAGAWARA, RACHENAHALLI VILLAGE, BANGALORE 560 045. PAN: AABCM9623K THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) (1), BANGALORE. ASSESSEE BY :SHRI CHAVALI NARAYAN, C. A. REVENUE BY SHRI P. SIDDAPPAJI, ADDL. CIT (DR) DATE OF HEARING :26.10.2018. DATE OF PRONOUNCEMENT :26.10.2018. O R DE R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION SEEKING E XTENSION OF STAY EARLIER GRANTED ON 26.02.2018 TILL 31.05.2018 IN S. P. NO. 67/BANG/2018 WHICH WAS EXTENDED UP TO 30.09.2018 AS PER S. P. NO. 180/ BANG/2018 DATED 22.06.2018. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE DELAY IN DISPOSAL OF TH IS APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE. WE FIND THAT THE APP EAL WAS PART HEARD ON 11.09.2018 AND THEREAFTER, IT WAS FIXED FOR HEARING ON THREE DATES I.E. 25.09.2018, 05.10.2018 BAND 26.10.2018 AND THE HEAR ING ON FIRST TWO DATES WAS ADJOURNED BY THE BENCH FOR WANT OF TIME A ND ON 26.10.2018 I.E. TODAY, IT WAS ADJOURNED BECAUSE LEARNED J. M. WAS N OT AVAILABLE BECAUSE HE IS ON TOUR TO DELHI. HENCE, IT IS SEEN THAT THE DELAY IN DISPOSAL IS NOT ATTRIBUTABLE TO THE ASSESSEE. HENCE, WE FEEL IT PRO PER TO EXTEND THE STAY 2 S.P. NOS.235/BANG/2018 (IN IT(TP)A NO. 830/BANG/2017) FOR 3 MONTHS FROM THE DATE OF THIS ORDER OR TILL TH E DISPOSAL OF THIS APPEAL WHICHEVER IS EARLIER. WE ORDER ACCORDINGLY. WE MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT IN COURSE OF H EARING OF THIS APPEAL WITHOUT JUSTIFIABLE REASONS AND IF THE ASSESSEE DOE S SO, THE STAY GRANTED AS PER THIS ORDER SHALL GET VACATED AUTOMATICALLY. 3. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 26.10.2018. MS* COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.