M/s 2M Power Health Management Services Private Limited , Bangalore V. Income Tax Officer Ward-7(1)(2), Bangalore

SA 262/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6102 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 11 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: 20-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIKAS K. SURYAWANSHI
• Assessee Lawyers: SARATH RAO

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 262/BANG/2018 (IN ITA NO.2880/BANG/2018) (A.Y. 2015 - 16) M/S 2M POWER HEALTH MANAGEMENT SERVICES PVT. LTD., NO. 614, 3RD CROSS, 3 RD BLOCK, KORAMANGALA, BANGALORE 560034 PAN : A A A C Z3783E THE ITO WARD 7 (1) (2), BANGALORE ASSESSEE BY :SHRI SARATH RAO, C. A . 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 S TAY OF DISPUTED OUTSTANDING DEMAND OF RS. 51,16,895/- FOR A. Y. 2015 16. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY THE LEARNED AR OF THE ASSESSEE THAT THE ASSESSEE IS NOT IN A POSITION TO MAKE ANY FURTHER PAYMENT OF THE DISPUTED OUTSTANDING TAX AND THE ASSESSEE WILL BE SATISFIED IF EARLY HEARING IS GRANTED BY REJECTING THIS STAY PETITION BUT IN THAT CASE, THE REVENUE SHOULD BE DIRECTED FOR NOT TAKING ANY COERCIVE MEASURES FOR RECOVERY T ILL THE END OF THE WEEK IN WHICH THE HEARING IS FIXED. LEARNED DR OF THE REVENUE HA D NO OBJECTION REGARDING GRANTING OF EARLY HEARING BY REJECTING THE STAY PETITION. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THE FACTS DISCUSSED ABOVE, WE REJECT THE STAY PETITION AND GRANT EARLY HEARING. THE HEARING OF THE APPEAL IS FIXED ON 10.12.2018 AND THE REVENUE IS DIRECTED THAT NO COERCIVE MEASURES FOR RECOVERY SHOULD BE ADOPTED BY THE REVENUE TILL 14.1 2.2018. SINCE THE DATE OF HEARING WAS PRONOUNCED IN OPEN COURT, NO NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 2 S.P. NO.262/BANG/2018 (IN ITA NO. 2880/BANG/2018) 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS DISMISSED. 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 ACCOUNTANT 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.