Shri. S K Ramprasad, Bengaluru V. ITO , WARD -5(2)(2), BENGALURU, Bengaluru

SA 63/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6140 (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: C
• Assessment Year: 2008-2009
• Appeal Filed On: 19-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K BIJU CIT HEARD ON PRONOUNC

Judgement Text

SP.63/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.63/BANG/2019 (IN I.T.A NO.2929/BANG/2017) (ASSESSMENT YEAR : 2008-09) SRI. S. K. RAMPRASAD, NO.83, RAMSON BUILDING, SILVER JUBILEE PARK ROAD, BENGALURU 560 002 .. APPLICANT PAN : AANPR1165L V. INCOME TAX OFFICER, WARD -5 (2)(2), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. RAVISHANKAR, ADVOCATE REVENUE BY : SHRI. B. 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.63/BANG/2019 PAGE - 2 02. THE LD. AR AT THE OUTSET, SUBMITTED THAT NO AM OUNT IS PAYABLE AND HAS EXPRESSED HIS UNWILLINGNESS TO PAY ANY AMOUNT TOWARDS THE OUTSTANDING TAX DEMAND AS NO AMOUNT IS PAYABLE BY THE ASSESSEE. 03. ON THE OTHER HAND THE LD. DR SUBMITTED THAT THE ASSESSEE HAS FAILED TO MAKE OUT A PRIMA FACIE CASE FOR GRANT OF STAY THEREFORE, THE STAY PETITION SHOULD NOT BE ENTERTAINED BY THE TRIB UNAL. 04. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. WE FIND THAT THE APPEAL IS POSTED FOR HEARING ON 27 .03.2019. NOW, WE ARE NOT INCLINED TO GRANT STAY OF OUTSTANDING DE MAND, AT THIS JUNCTURE, BUT WE ARE GRANTING EARLY HEARING OF THE APPEAL. THE APPEAL IS NOW POSTED FOR HEARING ON 05.03.2019, INS TEAD OF THE EARLIER DATE OF HEARING OF 27.03.2019. NO NOTICE O F HEARING SHALL BE SERVED AS THE PREPONED DATE OF HEARING, VIZ., 05.03 .2019 WAS ANNOUNCED IN THE OPEN COURT. WE DIRECT THAT THE AS SESSEE SHALL NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS. 05. IN THE RESULT, THE STAY PETITION FILED BY THE A SSESSEE IS DISMISSED BUT EARLY HEARING IS GRANTED. 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* SP.63/BANG/2019 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.