M/s Manipal Global Education Services P. Ltd., Bangalore V. DCIT, Bangalore

SA 272/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6103 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 30-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS K SURYAWAMSHI
• Assessee Lawyers: PADAMCHAND KHINCHA
• Keywords: Extension of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER S.P. NO.272/BANG/2018 (IN ITA NO.236/BANG/2015) (ASSESSMENT YEAR : 2010-11) M/S. MANIPAL GLOBAL EDUCATION SERVICES PVT. LTD., NO. 14, MANIPAL TOWERS, 4 TH FLOOR, AIRPORT ROAD, BANGALORE 560 008 . PETITIONER. VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), BANGALORE. .. RESPONDENT. PETITIONER BY : SHRI PADAM CHAND KHINCHA, CA. RESPONDENT BY : SHRI VIKAS K. SURYAWAMSHI, ADDL.CIT DATE OF HEARING : 21.12.2018. DATE OF PRONOUNCEMENT : 21.12.2018. O R D E R PER SHRI JASON P BOAZ, AM : THE PRESENT STAY PETITION FILED BY THE ASSESSEE SEEKS EXTENSION OF STAY ON COLLECTION OF OUTSTANDING DEMAND OF RS.4,04,50,232/- FOR 2 S.P. NO.272/BANG/2018 (IN ITA NO.236/BANG/2015) ASSESSMENT YEAR 2010-11 GRANTED BY THIS TRIBUNAL VIDE ORDERS DATED 26.06.2018. IT IS SUBMITTED THAT THE DELAY IN DISPOSAL OF THE APPEALS IS NOT ATTRIBUTABLE TO THE ASSESSEE-COMPANY AND THERE WAS NO CHANGE OF CIRCUMSTANCES FROM THE PERIOD OF EARLIER STAY. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT DISPUTED SUBMISSIONS MADE ON BEHALF OF THE ASSESSEE-COMPANY. 2 WE HAVE HEARD THE SUBMISSIONS OF BOTH PARTIES AND PERUSED THE MATERIAL ON RECORD. IN THE ABOVE CIRCUMSTANCES, WE GRANT EXTENSION OF STAY ON COLLECTION OF DEMAND FOR A PERIOD OF 6 MONTHS COMMENCING TODAY I.E., 21.12.2018 OR DISPOSAL OF APPEAL WHICHEVER IS EARLIER. IN COMING TO THIS VIEW, WE DREW SUPPORT FROM THE DECISIONS OF THE HONBLE DELHI HIGH COURT IN THE CASE OF HONBLE DELHI HIGH COURT IN THE CASE OF PEPSI FOODS (P) LTD. VS. ACIT (376 ITR 87) (DEL) AND THE HONBLE BOMBAY HIGH COURT IN THE CASE OF NARANG OVERSEAS PRIVATE LIMITED V. INCOME TAX APPELLATE TRIBUNAL (295 ITR 22) (BOM.) WHEREIN WHEN IT WAS HELD THAT WHEN THE DELAY IN DISPOSAL OF APPEAL IS NOT ATTRIBUTABLE TO THE ASSESSEE AND THERE IS 3 S.P. NO.272/BANG/2018 (IN ITA NO.236/BANG/2015) NO CHANGED CIRCUMSTANCES FROM THE DAY OF EARLIER STAY, THE STAY HAD BEEN EXTENDED. THIS GRANT OF EXTENSION OF STAY ON RECOVERY OF OUTSTANDING DEMAND IS SUBJECT TO CONDITION THAT THE ASSESSEE-COMPANY SHALL NOT SEEK ADJOURNMENT FROM THE HEARING OF THE CASE WITHOUT JUST AND REASONABLE CAUSE. FAILURE ON THE PART OF THE ASSESSEE TO ADHERE TO THE AFORESAID CONDITIONS WILL RESULT IN THE AUTOMATIC VACATION OF THE EXTENSION OF STAY ON RECOVERY GRANTED BY US. THE APPEAL IN IT (TP)A NO.1646/BANG/2017 HAS BEEN POSTED FOR HEARING ON 26.12.2018. SINCE THE DATE OF HEARING IS ANNOUNCED IN OPEN COURT IN THE PRESENCE OF THE PARTIES, NO NOTICES FOR HEARING SHALL BE SEPARATELY ISSUED BY REGISTRY. 3. IN THE RESULT, THE STAY PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21.12.2018. SD/- (N. V. VASUDEVAN) VICE PRES IDENT SD/- (JASON P BOAZ) ACCOUNTANT MEMBER BANGALORE, DT.21.12.2018. /NS/* 4 S.P. NO.272/BANG/2018 (IN ITA NO.236/BANG/2015) COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.