M/s Novozymes South Asia Pvt Ltd , Bangalore V. Deputy Commissioner of Income Tax, Circle-5(1)(2), Bangalore

SA 251/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6101 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 15 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: 2011-2012
• Appeal Filed On: 17-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R N SIDDAPP A JI
• Assessee Lawyers: T SURYANARAYANA
• Keywords: Extension of stay
• Section: 12

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.251 TO 253/BANG/2018 (IN I T (TP)A NO S . 893 TO 895 / BANG/2 0 1 8 ) (ASSESSMENT YEAR S : 2011 - 12 TO 2013 - 14 ) M/ S.NOVOZYMES SOUTH ASEA PVT. LTD. PLOT NO.32, 47 - 50, GENISYS BLDG., EPIP AREA, WHITEFIELD, BENGALURU - 560 066. PAN: AAACN 7030 Q VS. PETITIONER DEPUTY/ASSISTANT/JOINT COMMISSIONER OF INCOME - TAX, CIRCLE 5(1)(1), BENGALURU. RESPONDENT PETIT I ONER BY : SHRI T.SURYANARAYANA, 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 IS IS A PETI TION FILED BY THE A SSESSEE SEEKING FOR GRANT OF EXTENSION OF STAY OF OUTSTANDING DEMAND GRANTED BY THIS TRIBUNAL VIDE ORDER DATED 13/04/2018 IN SP NOS.116 TO 118/BANG/2018 ARISING OUT OF IT(TP)A NOS.893 TO 895/BANG/2018 FOR THE ASSESSMENT YEARS2011 - 12 TO 2013 - 14. 2. IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE TRIBUNAL VIDE ORDER DATED 13/04/2018 IN SP NOS.116 TO 118/BANG/2018 HAD GRANTED STAY OF OUTSTANDING DEMAND FOR 180 DAYS AND THE STAY IS VALID UP TO 12/10/2018. LEARNED AR OF THE ASSESSEE SUBMITTE D THAT THE APPEAL FILED BY THE ASSESSEE - COMPANY BEFORE THIS TRIBUNAL WAS FIXED FOR HEARING ON 04/06/2018 AND WAS ADJOURNED TO VARIOUS DATES BY THE BENCH ITSELF. LEARNED AR OF THE ASSESSEE FURTHER SUBMITTED THAT THE DELAY IN DISPOSAL OF APPEAL IS SP NO S . 251 TO 253 /BANG/20 18 PAGE 2 OF 2 NOT ATTRIB UTABLE TO THE ASSESSEE. IT IS THEREFORE, REQUESTED FOR EXTENSION OF STAY. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. NOW THE LAW IS SETTLED BY THE HON BLE DELHI HIGH COURT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT ( 376 ITR 87 ) (DEL) AND THE HON BLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL ( 295 ITR 22 ) (BOM . ) WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE, STAY HAS TO BE EXTENDED. THIS RATIO WAS FOLLOWED BY THE CO - ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF M/S. SAP LABS INDIA PVT. LTD. VS. ACIT (67 TAXMANN.COM 78). WE MAY FURTHER STATE THAT THE EXISTENCE OF ALL CONDITIONS FOR GRANT OF STAY HAS ALREADY BEEN CONSIDERED BY THE TRIBU NAL AT THE TIME OF GRANTING ORIGINAL STAY AND NO NEW CONDITION CAN BE IMPOSED WHILE EXTENDING THE STAY. RESPECTFULLY FOLLOWING THE DECISION OF THE CO - ORDINATE BENCH, WE HOLD THAT IT IS A FIT CASE TO EXTEND STAY FOR A FURTHER PERIOD OF SIX MONTHS OR TILL D ISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE STAY IS SUBJECT TO CONDITION THAT THE ASSESSEE SHALL NOT SEEK ADJOURNMENT OF THE CASE FROM HEARING WITHOUT ANY REASONABLE AND JUST CAUSE. 3. IN THE RESULT, THE STAY PETITIONS FILED BY THE ASSESSEE ARE ALLOW ED. 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 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE