M/s Blue Coat Network (India) Private Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

SA 70/BANG/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6216 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 9 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: 2014-2015
• Appeal Filed On: 20-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKASH SURYAVANSHI
• Assessee Lawyers: DARPAN KRIPALANI

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.70/BANG/2019 (IN IT (TP) A NO. 78 / BANG/201 9 ) ASSESSMENT YEAR : 20 1 4 - 1 5 M/S. BLUE COAT NETWORK (INDIA) PRIVATE LIMITED, UNIT NO. 1001 & 1002, 10 TH FLOOR, RMZ CAMPUS 8-B, PLOT NO. C-L, SARJAPUR MARATHALLI OUTER RING ROAD, BANGALORE. PAN: AAHCS7844Q VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1 (1) (2), BANGALORE. APPELLANT RESPONDENT ASSESSEE BY : SRI DARPAN KRIPALANI, C. A. REVENUE BY : SRI VIKASH 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 OUTSTANDING DEMAND OF RS. 92,25,900/- INCLUDING INTEREST U/S.23 4B OF RS. 34,52,599/- AND INTEREST U/S. 234C OF RS. 35,632/- FOR ASSESSME NT YEAR 2014-15. 2. IN COURSE OF HEARING, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT ON 18.02.2019, THE AO HAS REJECTED THE STAY PETITION O F THE ASSESSEE AND ON THE SAME DATE, HE HAS ATTACHED THE BANK ACCOUNT OF THE ASSESSEE AS PER NOTICE U/S. 226(3) OF IT ACT DATED 18.02.2019 AVAIL ABLE ON PAGE NO. 31 OF THIS STAY PETITION. HE SUBMITTED THAT UNDER THESE FACTS, STAY SHOULD BE GRANTED TO THE ASSESSEE AND ASSESSEE IS READY TO PA Y RS. 30 LAKHS BY 15.03.2019. HE ALSO SUBMITTED THAT THE AO SHOULD B E DIRECTED TO WITHDRAW THE ATTACHMENT OF ASSESSEES BANK ACCOUNT. THE LD. DR OF REVENUE STRONGLY OPPOSED GRANTING OF STAY. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE MATERIAL AVAILABLE N RECORD. CONSIDERING THE FACTS OF THE PR ESENT CASE AS DISCUSSED S.P. NO. 70/BANG/2019 (IN IT(TP)A NO. 78/BANG/2019) PAGE 2 OF 3 ABOVE, WE FEEL IT PROPER TO GRANT STAY TO THE ASSES SEE FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISP OSAL OF THE APPEAL WHICHEVER IS EARLIER SUBJECT TO PAYMENT OF RS. 30 L AKHS BY ASSESSEE ON OR BEFORE 15.03.2019. THE AO IS ALSO DIRECTED TO IMME DIATELY WITHDRAW THE ATTACHMENT OF ASSESSEES BANK ACCOUNT. THE AO IS A LSO DIRECTED THAT HE SHOULD NOT TAKE ANY COERCIVE MEASURE FOR COLLECTION OF THE OUTSTANDING DEMAND TILL 15.03.2019 AND IF THE ASSESSEE HAS COMP LIED WITH THE TERMS OF THE STAY BY THAT DATE THEN AFTER THAT ALSO, THE AO SHOULD NOT TAKE ANY COERCIVE MEASURE FOR COLLECTION OF OUTSTANDING DEMA ND FOR THIS YEAR DURING CURRENCY OF THIS STAY ORDER. THE COPY OF THIS ORDE R TO BE ISSUED TO THE BRANCH MANAGER, BANK OF AMERICA, EA CHAMBERS, EXPRE SS AVENUE, 8 TH FLOOR, NO-49,50L, WHITES ROAD, ROYAPETTAH, CHENNAI 600014 FOR THE INFORMATION AND DOING THE NEEDFUL AS DIRECTED IN TH IS ORDER AS PER WHICH DEMAND IS STAYED RESULTING INTO NO ENFORCEABLE DEMA ND AS ON DATE. THIS APPEAL IS ALREADY FIXED FOR HEARING ON 09.07.2019. IN VIEW OF THE STAY GRANTED BY US, WE PREPONE THE HEARING TO 08.04.2019 . SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NO SEPARAT E NOTICE OF HEARING IS REQUIRED TO BE ISSUED. WE WANT TO MAKE IT CLEAR TH AT THE ASSESSEE SHOULD NOT SEEK ANY ADJOURNMENT IN THE COURSE OF HEARING O F THE APPEAL WITHOUT ANY JUSTIFIABLE REASONS AND IF THE ASSESSEE DOES SO, TH EN THE STAY GRANTED BY THIS ORDER SHALL STAND VACATED AUTOMATICALLY. THE COPY OF THE ORDER BE GIVEN TO LD. AR OF ASSESSEE AND DR OF THE REVENUE UNDER T HE SIGNATURE OF BENCH CLERK FOR COMPLIANCE. 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/ S.P. NO. 70/BANG/2019 (IN IT(TP)A NO. 78/BANG/2019) PAGE 3 OF 3 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.