Income Tax Appellate Tribunal - Bangalore
Business Process Outsourcing (I) P Ltd, ... vs Deputy Commissioner Of I Ncome Tax, ... on 3 March, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH, BANGALORE
BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER
AND
SHRI S. JAYARAMAN, ACCOUNTANT MEMBER
[SP No. 20/B/2017
(in IT(TP)A No.41/B/2014)]
(Assessment year: 2009-10)
M/s.Business Process Outsourcing Vs. The Dy. Commissioner of
(India) Pvt. Ltd., Income Tax,
Tower 2D, Circle-11(2),
Vrindavan Tech Village, Bengaluru.
Devarabeesanahalli,
Bengaluru - 560 037.
PAN:AABCB5293N
Applicant Respondent
Applicant by : Shri. K. R. Vasudevan, Advocate
Revenue by : Shri. Kamaladhar, Sd. Counsel
Date of hearing : 03/03/2017
Date of pronouncement : 03/03/2017
O R D E R
Per Sunil Kumar Yadav, JM :
This stay petition is preferred by the assessee in IT(TP)A No. 41/B/2014 with a request for the extension of the stay earlier granted by this Tribunal vide its order dated 04.11.2016 with the submission that after the grant of stay, appeal was listed for hearing but unfortunately the hearing could not take place due to non-functioning of the bench. Therefore, the assessee is not responsible for the delay in disposal of the appeal. Under these [SP No. 20/B/2017 (in IT(TP)A No.41/B/2014)] Page 2 of 3 circumstances, the stay may kindly be extended for a further period of 6 months.
2. The learned DR formally opposed the request of the assessee.
3. Having carefully examined the stay application in the light of the rival submissions and order sheet of the appeal, we find that after granting of stay, appeal was listed for hearing but unfortunately the bench did not function. Therefore, the assessee cannot be held responsible for the delay in disposal of the appeal. Since the fact and circumstances remained the same under which the stay was granted, we extend the stay upto 30.04.2017 as the appeal is listed for hearing on 10.04.2017.
4. In the result, the stay application of the assessee is allowed.
Order pronounced in the open court on this 3rd March, 2017.
Sd/- Sd/-
(S. JAYARAMAN) (SUNIL KUMAR YADAV)
Accountant Member Judicial Member
Place : Bangalore
Dated : 03/03/2017
/NS/
[SP No. 20/B/2017
(in IT(TP)A No.41/B/2014)]
Page 3 of 3
Copy to :
1 Appellant
2 Respondent
3 CIT(A)-II Bangalore
4 CIT
5 DR, ITAT, Bangalore.
6 Guard file
By order
Assistant Registrar
Income-tax Appellate Tribunal Bangalore