Toyota Boshoku Automotive India Private Limited, Bangalore V. The Deputy Commissioner of Income Tax Large Tax Payers Unit Circle-1 , Bangalore

SA 62/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6210 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 19-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS K SURYAVANSHI
• Assessee Lawyers: P K PRASAD
• Keywords: Extension of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER S.P. NO.62/BANG/2019 (IN IT (TP) A NO. 1646 / BANG/201 7 ) ASSESSMENT YEAR : 20 1 3 - 1 4 M/S. TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED, 41, BHIMENAHALLI, M.N. HALLI POST, BIDADI, RAMANAGARAM DIST 562 109. PAN: AAECT1871F VS. THE DEPUTY COMMISSIONER OF INCOME TAX, LARGE TAX PAYERS UNIT, CIRCLE 1, BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SHRI P.K. PRASAD, ADVOCATE REVENUE BY : SHRI VIKAS K. SURYAVANSHI, ADDL. CIT (DR) DATE OF HEARING : 22 . 0 2 .201 9 DATE OF PRONOUNCEMENT : 22. 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. 9,43,11,762/-. 2. IN COURSE OF HEARING OF THIS STAY PETITION, IT W AS SUBMITTED BY LD. AR OF ASSESSEE THAT THE FIRST STAY WAS GRANTED BY THE TRI BUNAL IN THIS CASE ON 26.02.2018 IN S.P. NO. 30/BANG/2018 DATED 26.02.201 8 AND COPY OF THIS STAY ORDER IS AVAILABLE ON PAGES 67 TO 69 OF THIS S TAY PETITION. HE SUBMITTED THAT AS PER THIS STAY ORDER, STAY WAS GRANTED BY TH E TRIBUNAL FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THIS ORDER WITH THE C ONDITION OF PAYMENT OF RS. 2 CRORES ON OR BEFORE 31.03.2018. HE SUBMITTED THA T THIS CONDITION OF STAY WAS FULFILLED BY THE ASSESSEE BUT THE APPEAL COULD NOT BE DISPOSED OF AND HENCE, STAY WAS FURTHER EXTENDED BY THE TRIBUNAL AS PER THE SECOND ORDER IN S.P. NO. 62/BANG/2019 (IN IT(TP)A NO. 1646/BANG/2017) PAGE 2 OF 3 S.P. NO. 171/BANG/2018 DATED 04.06.2018. HE SUBMITT ED THAT AS PER THIS ORDER, STAY WAS EXTENDED UP TO 31.08.2018. HE FURT HER SUBMITTED THAT THE SECOND STAY ORDER IS AVAILABLE ON PAGES 72 & 73 OF THIS STAY PETITION. THEREAFTER HE SUBMITTED THAT THE APPEAL COULD NOT B E DISPOSED OF AND TRIBUNAL HAS GRANTED FURTHER EXTENSION OF STAY IN S .P. NO. 225/BANG/2018 DATED 28.09.2018 FOR A PERIOD OF 3 MONTHS FROM THE DATE OF THIS STAY ORDER I.E. 28.09.2018. HE SUBMITTED THAT ALTHOUGH THE AP PEAL COULD NOT BE DISPOSED OF BUT THE DELAY IN DISPOSAL IS NOT ATTRIB UTABLE TO ASSESSEE. THEREAFTER HE SUBMITTED THAT THE APPEAL WAS HEARD O N 20.06.2018 BUT LATER ON, THE SAME WAS RELEASED ON 12.10.2018. HE SUBMIT TED THAT THE MATTER WAS RELEASED FOR THIS REASON THAT IN ANOTHER CASE, SIMILAR ISSUE WAS REFERRED TO SPECIAL BENCH. HE SUBMITTED THAT THERE IS NO CH ANGE IN CIRCUMSTANCES AND THEREFORE, STAY SHOULD BE FURTHER EXTENDED. AT THIS JUNCTURE, IT WAS POINTED OUT BY THE BENCH THAT AS PER THE LAST EXTEN SION OF STAY DATED 28.09.2018 FOR A PERIOD OF 3 MONTHS, STAY HAS ALREA DY EXPIRED ON 28.12.2018 BUT THE ASSESSEE HAS MOVED THE PRESENT S TAY PETITION ON 19.02.2019 AND HENCE, WE FEEL IT PROPER THAT FOR FU RTHER EXTENSION OF STAY, THE ASSESSEE SHOULD MAKE SOME FURTHER PAYMENT. IN REPLY, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT ASSESSEE CAN MAKE FURTHE R PAYMENT OF RS. 50 LAKHS ON OR BEFORE 15.03.2019. HE SUBMITTED THAT S UBJECT TO THIS CONDITION, STAY SHOULD BE EXTENDED. IN REPLY, THE LD. DR OF R EVENUE SUBMITTED THAT SINCE THE ASSESSEE WAS NEGLIGENT IN MOVING FRESH ST AY PETITION AFTER EXPIRY OF EARLIER STAY GRANTED ON 28.09.2018, NO FURTHER E XTENSION SHOULD BE GRANTED. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND IN VIEW OF THE FACTS DISCUSSED ABOVE, WE FEEL IT PROPER TO GRANT EXTENSI ON OF STAY FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER SUBJECT TO P AYMENT OF RS. 50 LAKHS BY THE ASSESSEE ON OR BEFORE 15.03.2019. WE GRANT EXT ENSION OF STAY SUBJECT TO THIS CONDITION FOR A PERIOD OF SIX MONTHS FROM T HE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. T HE HEARING OF THIS APPEAL IS AT PRESENT FIXED ON 04.04.2019. WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COURSE OF HE ARING OF THE APPEAL S.P. NO. 62/BANG/2019 (IN IT(TP)A NO. 1646/BANG/2017) PAGE 3 OF 3 WITHOUT ANY JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, THEN THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATIC ALLY. 4. 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/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 22 ND 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.