Income Tax Appellate Tribunal - Bangalore
The Himalaya Drug Company, Bangalore vs Deputy Commissioner Of Income Tax, ... on 7 April, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH: BENGALURU
BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER
and
SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
SP No.78/Bang/2017
(In IT(TP)A No.807/Bang/2016)
(Assessment years: 2011-12)
The Himalayan Drug Co.
Makali,
Benguluru. ... Petitioner
PAN: AADFT3025B
Vs.
Deputy Commissioner of Income-tax,
Central Circle 1(1),
Bengaluru ... Respondent
Petitioner by : Shri Tata Krishna, Advocate.
Respondent by : Tshering Ongda, JCIT(DR).
Date of hearing : 07/04/2017
Date of pronouncement : 07/04/2017
O R D E R
Per INTURI RAMA RAO, AM :
The present stay petition is filed by the assessee-company seeking extension of earlier stay granted in SP No.183/Bang/2016 dated 11/11/2016. Learned counsel for the assessee submitted that the delay in disposal of the appeal is not attributable to the assessee-company and there are no changed circumstances from the earlier stay. In the circumstances, he prayed for extension of stay.
2. On the other hand, learned Departmental Representative vehemently opposed for grant of extension of stay and prayed SP No.78/Bang/2017 Page 2 of 3 that the assessee-company be directed to pay at least 50% of the demand.
3. We heard rival submissions and perused the material on record. There is no dispute about the proposition canvassed by learned counsel for the assessee that the delay in disposal of the appeal is not attributable to the assessee-company. It is a matter of record that the matter was hear earlier by the Tribunal and released for some reason. In the circumstances, we are of the considered opinion that interests of justice would be met if early hearing is granted and direct the revenue authorities not to take any coercive steps for collection of demand in dispute. Accordingly, we direct the registry to advance the date of hearing to 13/04/2017 and the date is fixed with the mutual consent of both the parties and no fresh notice of hearing is required. The direction to the revenue not to initiate coercive steps for collection of demand shall cease to operate in case assessee seeks adjournment from the hearing of the appeal without a just and reasonable cause. On above lines, stay petition is disposed of.
Order pronounced in the open court on this 07th April,2017 Sd/- Sd/-
(VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Place : Bengaluru D a t e d : 07/04/2017 srinivasulu, sps SP No.78/Bang/2017 Page 3 of 3 Copy to : 1 Appellant 2 Respondent 3 CIT(A)- 4 CIT 5 DR, ITAT, Bangalore. 6 Guard file By order Assistant Registrar Income-tax Appellate Tribunal Bangalore