SRI. CHINCHOLI GURURRAJCHAR VENKATESH, Bangalore V. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE -4(1)(2), Bengaluru

SA 67/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6223 (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: 2016-2017
• Appeal Filed On: 20-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NANDINI DASS
• Assessee Lawyers: S. ANANTHA PADMANABHAN

Judgement Text

SP.67/BANG/2019 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI. JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER STAY PETITION NO.67/BANG/2019 (IN I.T.A NO.283/BANG/2019) (ASSESSMENT YEAR : 2016-17) SHRI. CHINCHOLI GURURAJACHAR VENKATESH, NO.1449, CHANDRA LAYOUT, BENGALURU 560040 .. APPLICANT PAN : AAJPV0072C V. ASST. COMMISSIONER OF INCOME-TAX, CIRCLE 4(1)(2), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. S. ANANTHA PADMANABHAN, CA REVENUE BY : SMT. SHREE NANDINI DASS, ADDL.CIT HEARD ON : 29.03.2019 PRONOUNCED ON : 29.03.2019 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THE PRESENT STAY PETITION IS FILED BY THE ASSESSEE , SEEKING STAY OF OUTSTANDING DEMAND OF RS.22,35,255/-, FOR THE AS SESSMENT YEAR 2016-17. SP.67/BANG/2019 PAGE - 2 02. THE LD. AR SUBMITTED THAT THE AGAINST THE TOTAL DEMAND RAISED WAS RS.27,85,255/-, AGAINST WHICH, THE ASSESSEE HAD ALREADY PAID RS.5,60,000/-. IT IS FURTHER SUBMITTED THAT THE RE FUND FOR A. Y. 2018- 19 IS MORE THAN RS.21 LAKHS AND THE ASSESSEE HAD RE CEIVED A COMMUNICATION FROM THE DEPARTMENT DT.10.03.2019, IN TIMATING THAT THE REFUND AMOUNT WOULD BE ADJUSTED AGAINST THE PRE SENT TAX DEMAND. MORE OVER IT WAS ALSO THE SUBMISSION OF TH E ASSESSEE THAT THE BALANCE OF CONVENIENCE LAY IN FAVOUR OF THE ASS ESSEE AND HENCE, REQUESTED THAT THE TRIBUNAL MAY GRANT STAY OF THE O UTSTANDING DEMAND OF RS. 22,35,255/- TILL THE DISPOSAL OF APPE AL. 03. ON THE OTHER HAND THE LD. DR OPPOSED THE GRANT OF STAY AND SUBMITTED THAT THE ASSESSEE SHOULD BE ASKED TO DEPO SIT SOME AMOUNT. 04. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE , WE HEREBY GRANT STAY AGAINST RECOVERY OF THE OUTSTANDING DEMA ND FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL, WHICH EVER IS EARLIER. HOWEVER, THE AO IS AT LIBERTY TO ADJUST THE REFUND AMOUNT DUE TO THE ASSESSEE FOR A. Y. 2018-19, AGAINST THE IMPUGNED DE MAND. 05. THE LD AR SUBMITTED THAT A CONNECTED CASE IN SP.66/BANG/2019, IN THE MATTER OF SATISH KUMAR PAND EY VIDE ORDER DT.22.03.2019, HAD BEEN DECIDED BY THE TRIBUNAL FI XING THE DATE OF HEARING OF APPEAL THEREIN, ON 02.04.2019 AND HENCE SOUGHT THAT THIS APPEAL MAY ALSO BE DIRECTED TO BE POSTED ON 02.04.2 019, INSTEAD OF 23.07.2019. THE REGISTRY IS HEREBY DIRECTED TO PRE PONE THE DATE OF SP.67/BANG/2019 PAGE - 3 HEARING IN THE PRESENT MATTER FROM 23.07.2019 TO 02 .04.2019. NO FURTHER NOTICE OF HEARING SHALL BE SERVED AS THE DA TE OF HEARING WAS ANNOUNCED IN THE OPEN COURT AT THE TIME OF HEARING. WE DIRECT THAT THE ASSESSEE SHALL NOT SEEK ADJOURNMENT WITHOUT JUS TIFIABLE REASONS. THE ASSESSEE SHALL FILE PAPER BOOKS, IF ANY, WELL I N ADVANCE, WITH A COPY TO THE REVENUE. WE DO MAKE IT CLEAR THAT NOTH ING MENTIONED HEREINABOVE, SHALL BE CONSIDERED AS AN EXPRESSION O N MERITS OF THE APPEAL. 05. IN THE RESULT, THE STAY PETITION IS DISPOSED OF F TO THE ABOVE MENTIONED EXTENT. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH DAY OF MARCH, 2019. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBE R BENGALURU DATED : 29.03.2019 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.