Income Tax Appellate Tribunal - Bangalore
M/S Manipal Global Education Services ... vs Deputy Commissioner Of Income Tax, ... on 5 February, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
'A' BENCH, BENGALURU
BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER
and
SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
SP No.24/Bang/2018
(In IT(TP)A No.236/Bang/2015)
(Assessment year: 2010-11)
M/s.Manipal Global Education Services P.Ltd.
No.14, Manipal Towers, 4th Floor,
Airport Road,
Bengaluru. ... Petitioner
Vs.
Deputy Commissioner of Income-tax,
Central Circle 2(2),
Bengaluru. ... Respondent
Petitioner by : Shri Padamchand Khincha, CA.
Respondent by : Shri Dilip, Assistant to Shri K.V.Arvind,
Standing Counsel for Revenue
Date of hearing : 02/02/2018
Date of pronouncement : 05/02/2018
O R D E R
Per INTURI RAMA RAO, AM :
This is a petition filed by the assessee seeking extension of stay of outstanding demand granted by this Tribunal vide order dated 20/10/2017 in SP No.158/Bang/2017 in IT(TP)A No.236/Bang/2015 for the assessment year 2010-11.
2. It was submitted by the learned AR of the assessee that the stay, granted by this Tribunal, vide order dated is valid up to 20/01/2018. Learned AR of the assessee submitted that the appeal filed by the SP No.24/Bang/2018 Page 2 of 3 assessee-company before this Tribunal are fixed for hearing on 07/02/2018. The delay in disposal of appeal is not attributable to the assessee. It is therefore, requested for extension of stay.
3. We heard the rival submissions and perused the material on record. Now the law is settled by the Hon'ble Delhi High Court in the case of Pepsi Foods (P) Ltd. Vs. ACIT (376 ITR 87) (Del) and the Hon'ble Bombay High Court in the case of Narang Overseas Private Limited v. Income Tax Appellate Tribunal (295 ITR 22) (Bom.) that when the delay in disposal of appeal is not attributable to the assessee, stay has to be extended. This ratio was followed by the co-ordinate bench of this Tribunal in the case of M/s. SAP Labs India Pvt. Ltd. vs. ACIT (67 taxmann.com 78). We may further state that the existence of all conditions for grant of stay has already been considered by the Tribunal at the time of granting original stay and no new condition can be imposed while extending the stay. Respectfully following the decision of the co- ordinate bench, we hold that it is a fit case to extend stay for a further period upto 31/03/2018. The stay is subject to condition that the assessee shall not seek adjournment of the case from hearing without any reasonable and just cause.
3. In the result, the stay petition filed by the assessee is allowed.
Order pronounced in the open court on 05th February 2018 Sd/- sd/-
(SUNIL KUMAR YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Place : Bengaluru. D a t e d : 05/02/2018 srinivasulu, sps SP No.24/Bang/2018 Page 3 of 3 Copy to : 1 Appellant 2 Respondent 3 CIT(A) 4 CIT 5 DR, ITAT, Bangalore. 6 Guard file By order Senior Private Secretary Income-tax Appellate Tribunal Bangalore