M/s. Schneider Electric IT Business India Private Limited, Bengaluru V. Joint Commissioner of Income Tax, LTU, Bengaluru

SA 254/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6123 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 8 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: 2009-2010
• Appeal Filed On: 23-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS K SURYAWANSHI
• Assessee Lawyers: K P KUMAR
• Keywords: Extension of stay

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 254/BANG/2018 (IN IT(TP) A NO.299/BANG/2014) (A.Y. 2009 - 10) M/S SCHNEIDER ELECTRIC IT BUSINESS INDIA PVT. LTD., (FORMERLY KNOWN AS AMERICAN POWER CONVERSION (INDIA) PVT. LTD.) 187/3 AND 188/3, JIGANI, BANGALORE 562106 PAN : A A C CA6398Q THE JCIT LTU, BANGALORE ASSESSEE BY : SHRI K. P. KUMAR, AD VOCATE REVENUE BY : SHRI VIKAS K. SURYAWANSHI , ADDL. CIT ( DR ) DATE OF HEARING :07.12.2018. DATE OF PRONOUNCEMENT :07.12.2018. O R DE R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION SEEKING E XTENSION OF STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 30,29,05,084/- FOR A. Y. 2009 10 EARLIER GRANTED FOR THE FIRST TIME 18.08.2017 AND THEREAFTER EXTENDED ON 17 .11.2017,19.01.2018 AND LASTLY ON 27.04.2018. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE REASONS FOR DELAY IN DISPOSAL OF THE APPEAL ARE NOT ATTRIBUTABLE TO THE ASSESSEE AND IN THIS REGARD, HE SUBMITTED TH AT ON PAGE 14 OF THE STAY PETITION, A CHART IS SUBMITTED GIVING DETAILS OF THE REASONS FOR ADJOURNMENT OF HEARING ON VARIOUS DATES AND HE POINTED OUT THAT ON FOUR DATES I.E. 01.05.2018, 09.07.2018 AND 24.09.2018, THE HEARING WAS ADJOURNED BY THE BENCH DUE TO PAUCITY OF TIME AND ON TWO DATES I.E. ON 03.09.2018 AND 12.11.2018, LEARNE D DR OF THE REVENUE SOUGHT ADJOURNMENT AND AT PRESENT, THE NEXT DATE OF HEARIN G FIXED IS 28.03.2019. HE SUBMITTED THAT UNDER THESE FACTS, EXTENSION OF STAY FOR FURTHER SIX MONTHS SHOULD BE GRANTED. AT THIS JUNCTURE, A SPECIFIC QUERY WAS RAI SED BY THE BENCH FROM THE LEARNED DR OF THE REVENUE THAT WHETHER THE REASONS FOR DELA Y IN DISPOSAL OF THE APPEAL ARE ATTRIBUTABLE TO THE ASSESSEE BUT IN REPLY, HE COULD NOT ESTABLISH THIS. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THE FACTS DISCUSSED ABOVE AND IN VIEW OF OUR EXAMINATION OF RECORDS, IT IS SEEN THAT THE REASONS FOR DELAY 2 S.P. NO.254/BANG/2018 (IN IT(TP)A NO. 299/BANG/2014) IN DISPOSAL OF THE APPEAL ARE NOT ATTRIBUTABLE TO T HE ASSESSEE. HENCE, WE EXTEND THE STAY BY SIX MONTHS FROM THE DATE OF THIS ORDER OR T ILL THE DISPOSAL OF THIS APPEAL, WHICHEVER IS EARLIER. THE HEARING OF THE APPEAL IS PREPONED TO 07.01.2019 AND SINCE THIS DATE OF HEARING IS PRONOUNCED IN OPEN COURT, N O NOTICE OF HEARING IS REQUIRED TO BE ISSUED. WE ALSO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT IN COURSE OF HEARING OF THIS APPEAL WITHOUT JUSTIFI ABLE REASONS AND IF THE ASSESSEE DOES SO, THE STAY GRANTED AS PER THIS ORDER SHALL S TAND VACATED AUTOMATICALLY. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING ON CONCLUSION OF THE HEARING. SD/- SD/- (LALIET KUMAR) (A. K. GARODIA) JUDICIAL MEMBER AC COUNTANT MEMBER BANGALORE, DATED: 07.12.2018. 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.