Income Tax Appellate Tribunal - Bangalore
M/S Citrix R & D India Pvt. Ltd.,, ... vs Dcit, Bangalore on 24 November, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCH "B"
BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND
SHRI A.K. GARODIA, ACCOUNTANT MEMBER
S.P. No. & Petitioner Respondent
ITA No.
249/Bang/2017 M/s. Citrix R & D India Pvt. Ltd., DCIT, Circle 2 (1) (1),
(In IT (TP) A No. Prestige Dynasty, Ground Floor, Bangalore
543/Bang/16) 33/2, Ulsoor Road,
(A.Y. 2011 - 12) Bangalore - 560042.
& PAN: AABCN3639C
267/Bang/2017
(In IT (TP) A No.
592/Bang/16)
(A.Y. 2011 - 12)
Assessee By : Shri P. K. Prasad, Advocate.
Revenue By : Smt. Padmameenakshi, JCIT DR
Date of Hearing : 24.11.2017.
Date of Pronouncement : 24.11.2017.
ORDER
Per Shri A. K. Garodia, A.M. :
The assessee has filed these two stay petitions seeking stay on collection of outstanding disputed demand of Rs.165,99,450/- for the same Assessment Year i.e. 2011 - 12. Since, two stay petitions are filed for same year, one of them i.e. S.P. No. 267/Bang/2017 is dismissed as infructuous.
2. Learned AR of the assessee submitted that the assessee has a good prima facie case and 50% of disputed demand is already paid and therefore, stay along with early hearing should be granted. When a query was raised about financial position of the assessee company, he submitted that the same is not bad. Learned DR of the revenue opposed to granting of stay.
3. We have considered the rival submissions and we find that the appeal is fixed for hearing on 11.12.2017. We also find that as per the notice of demand dated 28.01.2016, a demand of Rs. 331,98,901/- was raised. As per the stay petition and 2 S.P. No.249 & 267/Bang/17 as per the letter dated 30.06.2017 issued by the AO and submitted before us by the learned AR of the assessee in respect of rejection of the assessee's petition for stay of demand before the AO, it is stated by the AO that the present outstanding demand is Rs. 165,99,450/- and hence, it is seen that the assessee has already made payment to the extent of 50% of the outstanding disputed demand. Under these facts, we feel it proper to grant stay of the outstanding disputed demand up to 31.12.2017 or till the disposal of appeal whichever is earlier. We want to make it clear that the assessee should not seek adjournment in course of the hearing of this appeal 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 petition No. 249/Bang/2017 is allowed and the stay petition No. 267/Bang/2017 is dismissed.
Order pronounced in the open court on the date of hearing on conclusion of the hearing.
Sd/- Sd/-
(SUNIL KUMAR YADAV) (A. K. GARODIA)
Judicial Member Accountant Member
Bangalore,
Dated: 24.11.2017.
*MS
Copy to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT, Bangalore.
6. Guard file
By order
Senior Private Secretary,
Income Tax Appellate Tribunal,
Bangalore.