M/s. CGI Information Systems and management Consultants Private Limited, Bangalore V. Deputy Commissioner of income Tax, Circle-2(1)(1), Bangalore

SA 280/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6152 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 10 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: 2011-2012
• Appeal Filed On: 21-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R N SIDDAPPAJI CIT HEARD ON PR
• Assessee Lawyers: K P KUMAR SR
• Keywords: Extension of stay

Judgement Text

SP.280/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'B', BENGALURU BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER STAY PETITION NO.280/BANG/2018 (IN I.T(TP).A NO.626/BANG/2016) (ASSESSMENT YEAR : 2011-12) M/S. CGI INFORMATION SYSTEMS AND MANAGEMENT CONSULTANTS P. LTD, (SUCCESSOR IN THE INTEREST OF LOGICA P. LTD) E CITY, TOWER 2, 95/1 AND 95/2, PHASE 1 (WEST) BENGALURU 560100 .. APPLICANT PAN : AAACL3330M V. ASST. COMMISSIONER OF INCOME TAX, CIRCLE -2(2)(1), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. K. P. KUMAR, SR. COUNSEL REVENUE BY : SHRI. R. N. SIDDAPPAJI, ADDL. CIT HEARD ON : 18.01.2019 PRONOUNCED ON : 18.01.2019 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THIS STAY PETITION IS FILED BY THE ASSESSEE, SEEKI NG EXTENSION OF STAY OF THE OUTSTANDING DEMAND FOR THE ASSESSMEN T YEAR 2011-12. SP.280/BANG/2018 PAGE - 2 02. THE LD. AR HAD DRAWN OUR ATTENTION TO THE ORDER SHEET OF THE CASE TO SHOW THAT THE ASSESSEE HAS NOT SOUGHT ANY A DJOURNMENT AND THEREFORE THE DELAY IN DISPOSAL OF APPEAL WAS NOT A TTRIBUTABLE TO THE ASSESSEE. THE LD. AR HAS ALSO DRAWN OUR ATTENTION TO THE LAST ORDER PASSED BY THE TRIBUNAL DT.28.09.2018, WHEREIN EXTEN SION OF STAY WAS GRANTED FOR A PERIOD OF THREE MONTHS FROM 28.09 .2018 AND SOUGHT EXTENSION OF STAY EARLIER GRANTED. 03. ON THE OTHER HAND THE LD. DR HAS NOT OPPOSED TH E GRANT OF EXTENSION OF STAY. 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. CONSIDERING ALL THE FACTS AND CIRCUMSTANCES OF THE CASE, AND MORE PARTICULARLY WHEN THE LD. DR FOR THE REVENUE HAS SO UGHT ADJOURNMENT ON THE LAST DATE OF HEARING, WE GRANT E XTENSION OF STAY FOR A FURTHER PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER, SUBJECT TO THE CONDITION THAT THE ASSESSEE SHALL NOT SEEK A DJOURNMENT WITHOUT JUSTIFIABLE REASONS. NEEDLESS THE DATE ALREADY FIX ED FOR HEARING SHALL BE THE SAME, I.E., 23.01.2019. 05. IN THE RESULT, THE STAY PETITION FILED BY THE A SSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DAY OF JANUARY, 2019. SD/- SD/- (A. K. GARODIA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBE R BENGALURU DATED : 18. 01.2019 MCN* SP.280/BANG/2018 PAGE - 3 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, BANGALORE.