Income Tax Appellate Tribunal - Bangalore
M/S. Huawei Technologies India Private ... vs Assistant Commissioner Of Income Tax ... on 7 September, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCH "A"
BEFORESHRI N. V. VASUDEVAN, JUDICIAL MEMBER AND
SHRI A.K. GARODIA, ACCOUNTANT MEMBER
S.P. No. &
Petitioner Respondent
ITA No.
212 & M/s. Huawei Technologies India The JCIT (OSD),
213/Bang/2018 Pvt. Ltd., Circle - 3 (1) (2),
(In ITA Nos. Sy. No. 37, 46, 45/3 & 45/4 etc. Bangalore.
1939 & K NO 1540,
1940/Bang/2017) Divyashree Techno Park,
(A.Ys. 2012 - 13 & Near EPIP Industrial Area,
2013 - 14) Kundalahalli Village, Whitefield,
Bangalore- 560037.
PAN : AAACH8599L
Assessee By :Shri Umashankar Gautam, Advocate
Revenue By : Shri Siddapaji R. N. Addl. CIT DR
Date of Hearing :07.09.2018.
Date of Pronouncement :07.09.2018.
O R DE R
Per Shri A. K. Garodia, A.M. :
The assessee has filed these two stay petitions seeking extension of stay earlier granted by the tribunal on 18.12.2017 in S. P. No. 199 & 200/Bang/2017 for 6 months. As per the present stay petitions, the disputed outstanding demands are of Rs.18,65,45,857/- for A. Y. 2012 - 13 & Rs. 20,18,79,778/- for A. Y. 2013 - 14. The earlier stay was granted subject to certain conditions i.e. a payment of Rs. 2.5 Crores on or before 30.12.2017 and maintenance of minimum balance .of 20% of the tax demand in its bank account.
2. In course of hearing of these stay petitions, it was submitted by the learned AR of the assessee that these conditions of the earlier stay order were complied with. He submitted a copy of challan dated 29.12.2017 evidencing payment of Rs. 2.5 Crores for A. Y. 2013 - 14. He also submitted a certificate issued by HSBC Bank dated 05.09.2018 certifying that the assessee has maintained an average minimum balance of Rs. 10.50 Crores in its current account No. 071 - 321434 - 002 during the period December 2017 to August 2018. He also submitted that these appeals were already heard on 30.01.2018 but later 2 S.P. Nos.212 & 213/Bang/2018 (in ITA Nos. 1939 & 1940/Bang/2017) released on 24.04.2018 and the hearing was fixed on 18.07.2018 but on that day, the AR of the assessee was busy in a pre fixed matter in Mumbai bench of ITAT and therefore, request was made by the assessee for adjournment and now the hearing is fixed on 23.10.2018. He submitted that the delay in disposal of these appeals is not attributable to the assessee and therefore, extension of stay should be granted. Learned DR of the revenue opposed to this request of the assessee for extension of stay.
3. We have considered the entire facts as discussed above and considered the rival submissions. In our considered opinion, since the assessee has complied with the directions of the bench as per earlier S. P. order dated 18.12.2017 and the delay in disposal of these appeals is not attributable to the assessee, extension of stay should be granted. We therefore, grant extension of stay for 6 months from the date when the earlier order of the tribunal in S. P. No. 199 & 200/Bang/2017 dated 18.12.2017 granting stay for six months has lapsed or till disposal of these appeals, whichever is earlier.. We want to make it clear that the assessee should continue to maintain minimum balance .of 20% of the tax demand in its bank account as per the condition imposed by the tribunal as per earlier S. P. order dated 18.12.2017 and the assessee should not seek adjournment in course of hearing of these appeals without justifiable reasons and if the assessee does so, the stay granted by this order shall stand vacated automatically..
4. In the result, the Stay petitions filed by the assessee are allowed.
Order pronounced in the open court on the date of hearing on conclusion of the hearing.
Sd/- Sd/-
(N.V. VASUDEVAN) (A. K. GARODIA)
Judicial Member Accountant Member
Bangalore,
Dated: 07.09.2018.
MS*
3
S.P. Nos.212 & 213/Bang/2018
(in ITA Nos. 1939 & 1940/Bang/2017)
Copy to:
1. Appellant 4. CIT(A)
2. Respondent 5. DR, ITAT, Bangalore
3. CIT 6. Guard file
By order
Senior Private Secretary,
Income Tax Appellate Tribunal,
Bangalore.