South India Freight Carriers , Bangalore V. The Income Tax Officer Ward-3(2)(4), Bangalore

SA 24/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6174 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 10 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: 21-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIKAS SURYAVAMSHI
• Keywords: Recovery proceedings

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BENGALURU BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER SP NO.24/BANG/2019 (IN ITA NO.2586/BANG/2018 (ASSESSMENT YEAR: 2015-16) M/S. SOUTH INDIA FREIGHT CARRIERS, C 306, MANTRY TRANQUIL APARTMENT, GUBALALA,KANAKAPURA ROAD, BENGALURU-560061 PAN: ACOFS5498L VS. PETITIONER INCOME-TAX OFFICER, WARD 3(2)(4), BENGALURU. RESPONDENT PETITIONER BY : SHRI NAGINCHAND KHINCHA, CA. RESPONDENT BY : SHRI VIKAS SURYAVAMSHI, ACIT(DR) DATE OF HEARING : 01/02/2019 DATE OF PRONOUNCEMENT: 01/02/2019 O R D E R PER PAVAN KUMAR GADALE, JM : THE ASSESSEE HAS FILED THE STAY PETITION IN ITA NO.2586/BANG/2018 TO STAY THE RECOVERY OF TAX OF 2, 04,09,340/- TILL DISPOSAL OF THE APPEAL BY THE TRIBUNAL. 2. AT THE TIME OF HEARING, LEARNED AR SUBMITTED THA T PRIMA FACIE HAS A GOOD CASE AND HAS FINANCIAL DIFFICULTIES IN MAKIN G PAYMENT AND PRAYED FOR EARLY EARING OF THE APPEAL TO WHICH THE LEARNED DR HAS NO OBJECTION. ACCORDINGLY, WE DIRECT THE REGISTRY TO POST THE ABO VE CASE FOR HEARING ON 18/02/2019 DIRECT THAT NO COERCIVE STEPS BE TAKE N BY THE DEPARTMENT SP NO.24/BANG/2019 PAGE 2 OF 2 TILL THE DATE OF HEARING. SINCE THE DATE HAS BEEN ANNOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE NEEDS TO BE ISSUED TO THE PARTIES. 3. IN THE RESULT, THE STAY PETITION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST FEBRUARY, 2019. SD/- SD/- ( CHANDRA POOJARI ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BENGALURU D A T E : 01/02/2019. 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