Sri Shailesh Haran , Bangalore V. The Income Tax Officer, Ward-5(2)(1), Bangalore

SA 239/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6128 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 27 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 04-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE S HRI N.V.VASUDEVAN , VICE PRESIDENT AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER SP NOS.239 /BANG/2018 (IN ITA NO.2783/BANG/2018) (ASSESSMENT YEAR: 2015 - 16) AND SP NO. 240 /BANG/2018 (IN I TA NO . 2784 / BANG/2 0 1 8 ) (ASSESSMENT YEAR: 2015 - 16 ) 1. SHRI SHAILESH HARAN, 2. SMT. SUREKHA HARAN, NO.3/4, BALAJI BUILDING, H.SIDDAIAH ROAD, BENGALURU - 560 002. PAN: AAUPH 3679 J VS. PETITIONER S INCOME - TAX OFFICER, WARD 5(2)(1), BENGALURU. RESPONDENT PETITIONER BY : SHRI V.S. HARISH, ADVOCATE. RESPONDENT BY : SHRI R.N.SIDDAPPAJI, ADDL.CIT(DR) DATE OF HEARING : 26/10/2018 DATE OF PRONOUNCEMENT : 26 /10/2018 O R D E R PER INTURI RAMA RAO, A M : TH ESE ARE STAY PETITION S FILED BY SHRI SHAILESH HARAN AND SMT. SUREKHA HARAN SEEKING GRANT OF STAY OF OUTSTANDING DEMAND AS FOLLOWS FOR ASSESSMENT YEAR 2015 - 16 : SHRI SAHILESH HARAN SMT.SUREKHA HARAN TOTAL DEMAND RAISED RS.1,45,68,770/ - RS.1,84,66,960/ - AMOUNT ALR EADY PAID RS.29,13,754/ - RS.36,93,392/0 AMOUNT OUTSTANDING RS.1,16,55,016/ - RS.1,47,73,568/ - SP NO S . 239 & 240 /BANG/20 18 PAGE 2 OF 2 2. AFTER HEARING RIVAL SUBMISSIONS , WE ARE OF THE CONSIDERED OPINION THAT IT IS NOT A FIT CASE FOR STAY OF DEMAND. ACCORDINGLY, THE STAY PETITION S FILED BY THE ASSESSEE S ARE REJECTED. HOWEVER, WE DIRECT REGISTRY TO POST THE CASE FOR HEARING OUT - OF - TURN ON 20/11/ 2018. SINCE HEARING DATE IS ANNOUNCED IN THE OPEN COURT, N O SEPARATE NOTICE OF HEARING NEED S TO BE ISSUED . THE ASSESSEE S SHOULD CO - OPERAT E IN THE HEARING OF APPEAL AND SHOULD NOT SEEK ADJOURNMENT FROM HEARING OF THE APPEAL S WITHOUT JUST AND REASONABLE CAUSE. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER 2018 SD/ - SD/ - (N.V.VASUDEVAN) ( INTURI RAMA RAO) VICE PRESIDENT ACCOUNTANT M EMBER PLACE : BENGALURU. D A T E D : 26 / 1 0/2018 SRINIVASULU, SPS COPY TO : 1 PETITIONER 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE . 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE