M/s Toyota Tsusho India Private Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-3(1)(1), Bangalore

SA 53/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6141 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 13-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K N DHANDAPANI

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.53/BANG/2019 (IN IT (TP) A NO. 33 72 / BANG/201 8 ) ASSESSMENT YEAR : 20 1 4 - 1 5 M/S. TOYOTA TSUSHO INDIA PRIVATE LIMITED, PLOT NO. 33 & 34, BIDADI INDUSTRIAL AREA, RAMANAGARA DISTRICT, BANGALORE 562 109. PAN: AADCS6230N VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) (1), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI DARPAN KIRPALANI, CA 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. 2,38,48,130/- FOR ASSESSM ENT YEAR 2014-15. 2. IN COURSE OF HEARING OF THE STAY PETITION, THE B ENCH WANTED TO KNOW ABOUT THE AMOUNT WHICH THE ASSESSEE CAN PAY AGAINST THE D ISPUTED OUTSTANDING DEMAND. IN REPLY, IT WAS SUBMITTED BY LD. AR OF ASS ESSEE THAT THE APPEAL IN QUESTION IS COVERED IN FAVOUR OF THE ASSESSEE AND H ENCE, IF EARLY HEARING IS GRANTED COUPLED WITH DIRECTION TO THE DEPARTMENT FO R NOT TAKING ANY COERCIVE MEASURE TILL THAT DATE THEN THE ASSESSEE IS NOT PRE SSING FOR STAY. THE LD. DR OF REVENUE OPPOSED GRANTING OF STAY BUT HE HAD NO O BJECTION FOR GRANTING EARLY HEARING. 3. IN VIEW OF ABOVE DISCUSSION, WE REJECT THE STAY PETITION AND GRANT EARLY HEARING TO THE ASSESSEE AND FIX THE APPEAL FOR HEAR ING ON 27.02.2019. S.P. NO. 53/BANG/2019 (IN IT(TP)A NO. 3372/BANG/2018) PAGE 2 OF 2 SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. THE LD . DR OF REVENUE IS ALSO DIRECTED TO COMMUNICATE TO THE AO THAT NO COERCIVE MEASURE FOR RECOVERY SHOULD BE TAKEN TILL THE DATE OF HEARING FIXED BY U S I.E. 27.02.2019 AND IF THE APPEAL IS HEARD ON THAT DATE THEN TILL THE ORDER IS PRONOUNCED BY THE TRIBUNAL. 4. IN THE RESULT, THE STAY PETITION FILED BY THE AS SESSEE IS DISMISSED SUBJECT TO GRANTING OF EARLY HEARING IN THE TERMS INDICATED AB OVE. 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.