M/s. United Spirits Limited, Bangalore V. Deputy Commissioner of Income Tax, Bangalore

SA 44/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6153 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 08-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K N DHANDAPANI
• Assessee Lawyers: F V IRANI
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER S.P. NO.44/BANG/2019 (IN IT (TP) A NO. 489 / BANG/201 7 ) ASSESSMENT YEAR : 20 1 2 - 13 M/S. UNITED SPIRITS LTD., UB TOWERS, NO. 24, VITTAL MALLYA ROAD, BANGALORE 560 001. PAN: AACCM8043J VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7 (1) (1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI F.V. IRANI, ADVOCATE REVENUE BY : SHRI K.N. DHANDAPANI, JCIT (DR) DATE OF HEARING : 15 . 0 2 .201 9 DATE OF PRONOUNCEMENT : 15 . 0 2 .201 9 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; THIS STAY PETITION IS FILED BY THE ASSESSEE SEEKING STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 35 CRORES FOR ASSESSMENT YEAR 2012-13. 2. IN COURSE OF HEARING, IT WAS SUBMITTED BY LD. CO UNSEL OF THE ASSESSEE THAT ASSESSEE HAS ALREADY MADE FULL PAYMENT OF TAX PAYAB LE, INTEREST U/S. 234A AND 234B AND THE DISPUTED OUTSTANDING DEMAND IS ONL Y IN RESPECT OF INTEREST U/S. 220(2) OF IT ACT. HE SUBMITTED THAT UNDER THE SE FACTS, STAY SHOULD BE GRANTED. THE LD. DR OF REVENUE STRONGLY OPPOSED GR ANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN THE FACTS OF THE PRESENT CASE AS DISCUSSED ABOVE, AS PER WHICH IT IS SEEN TH AT THE PAYMENT OF THE ENTIRE DISPUTED TAX DEMAND ALONG WITH THE INTEREST U/S. 234A AND 234B HAVE ALREADY BEEN MADE BY THE ASSESSEE AND THE OUTSTANDI NG DEMAND IS ONLY IN RESPECT OF INTEREST U/S. 220(2) OF IT ACT, WE GRANT STAY OF THIS OUTSTANDING S.P. NO. 44/BANG/2019 (IN IT(TP)A NO. 489/BANG/2017) PAGE 2 OF 2 DEMAND FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE A PPEAL AT PRESENT IS FIXED FOR HEARING ON 20.05.2019 BUT IN VIEW OF THE STAY G RANTED BY US, WE PREPONE THE HEARING TO 26.03.2019. 4. SINCE THE DATE OF HEARING IS PRONOUNCED IN THE O PEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. WE WAN T TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COU RSE OF HEARING OF THE APPEAL WITHOUT ANY JUSTIFIABLE REASONS AND IF THE A SSESSEE DOES SO, THEN THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTO MATICALLY. 5. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 15 TH FEBRUARY, 2019. /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, BANGAL ORE.