M/s Wipro GE healthcare Pvt Ltd , Bangalore V. Joint Commissioner of Income Tax, Special Range-7, Bangalore

SA 49/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6199 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 18 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: 2014-2015
• Appeal Filed On: 12-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K BIJU CIT HEARD ON PRONOUNC
• Assessee Lawyers: K R PRADEEP

Judgement Text

SP.49/BANG/2019 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'C', BENGALURU BEFORE SHRI. A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER STAY PETITION NO.49/BANG/2019 (IN I.T(TP)A NO.3154/BANG/2018) (ASSESSMENT YEAR : 2014-15) WIPRO GE HEALTHCARE P. LTD, PLOT 3, 3A, 4 KADUGODI INDUSTRIAL AREA, BENGALURU 560 067 .. APPLICANT PAN : AAACW1685J V. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE - 7, BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. K. R. PRADEEP, ADVOCATE REVENUE BY : SHRI. M. K. BIJU, ADDL. CIT HEARD ON : 22.02.2019 PRONOUNCED ON : 22.02.2019 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THIS STAY PETITION IS FILED BY THE ASSESSEE, SEEKI NG STAY OF THE OUTSTANDING DEMAND OF RS.16,63,491/- FOR THE ASSESS MENT YEAR 2008-09. SP.49/BANG/2019 PAGE - 2 02. THE LD. AR HAS SUBMITTED THAT IN THE EARLIER YE ARS THE TRIBUNAL HAS REMANDED THE MATTER BACK FOR FRESH ADJ UDICATION . THE LD. AR HAS FURTHER DRAWN OUR ATTENTION TO THE STAY ORDER GRANTED BY THE TRIBUNAL IN FAVOUR OF THE ASSESSEE DT.15.12.201 7, FOR A. Y. 2013-14 AND IT WAS SUBMITTED THAT THE ASSESSEE BE G RANTED THE STAY TILL DISPOSAL OF THE APPEAL WITHOUT DEPOSITING ANY FURTHER AMOUNT. THE LD. AR ALSO PRAYED FOR EARLY HEARING. 03. ON THE OTHER HAND THE LD. DR SUBMITTED THAT THE ASSESSEE BE DIRECTED TO DEPOSIT OF SOME AMOUNT. 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. AS THE ISSUE IN APPEAL OF THE ASSESSEE IS COVERED I N FAVOUR OF THE ASSESSEE VIDE ORDER FOR EARLIER YEARS AND ALSO AS T HE ASSESSEES CASE WAS REMANDED BACK FOR DENOVO ADJUDICATION FOR EARLI ER YEARS, AS ALSO THE ASSESSEE HAS PRAYED FOR EARLY HEARING IN T HE MATTER, WE FIND THAT THE ASSESSEE HAS MADE OUT A PRIMA FACIE CASE I N ITS FAVOUR. IN THESE CIRCUMSTANCES, WE ARE GRANTING EARLY HEARING OF THE APPEAL BY PREPONING THE DATE OF HEARING OF THE APPEAL WHICH IS ALREADY POSTED FOR HEARING ON 12.06.2019, TO 26.02.2019 . NO NOTICE OF HEARING SHALL BE SERVED AS THE PREPONED DATE OF HEARING, VI Z., 26.02.2019 WAS ANNOUNCED IN THE OPEN COURT. WE DIRECT THAT TH E ASSESSEE SHALL NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS. WE DIRECT THE AO NOT TO TAKE ANY COERCIVE STEPS FOR RECOVERY OF THE OUTSTANDING DEMAND TILL THE NEXT DATE OF HEARING I.E., 26.02.20 19 OR ADJUDICATION OF THE APPEAL, BUT IN NO CASE BEYOND A PERIOD OF TH REE MONTHS FROM THE DATE OF PASSING OF THIS ORDER. SP.49/BANG/2019 PAGE - 3 05. IN THE RESULT, THE STAY PETITION FILED BY THE A SSESSEE IS DISPOSED OFF AS ABOVE WITH GRANT OF EARLY HEARING. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2019. SD/- SD/- (A. K. GARODIA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBE R BENGALURU DATED : 22.02.2019 MCN* 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.