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Income Tax Appellate Tribunal - Bangalore

M/S. Vodafone South Limited, Bangalore vs Dcit, International Taxation, ... on 2 January, 2018

                IN THE INCOME TAX APPELLATE TRIBUNAL
                         "B" BENCH : BANGALORE

       BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER
        AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER


                         SP Nos. 295 & 296/Bang/2017
                   [in IT(IT)A Nos.1160 & 1161/Bang/2015]
                     Assessment years : 2013-14 & 2014-15

M/s. Vodafone Mobile Services             Vs.   The Deputy Director
Limited (VMSL), [formerly M/s.                  of Income Tax
Vodafone South Limited                          (International Taxation),
amalgamated with VMSL],                         Circle 1(1),
Maruthi Infotech Centre,                        Bangalore.
11/1, 12/1, Koramangala Amar
Jyoti Layout,
Bengaluru - 560 071.
PAN: AABCB 5847L
            APPLICANT                                    RESPONDENT

   Applicant by        : Ms. Manasvini Bajpai, Advocate
   Revenue by          : Shri K.V. Aravind, Standing Counsel

                  Date of hearing       : 22.12.2017
                  Date of Pronouncement : 02.01.2018

                                     ORDER

    Per Sunil Kumar Yadav, Judicial Member

These applications are preferred by the assessee with a request for extension of stay earlier granted vide order dated 28.06.2017. The ld. Counsel for the assessee has invited our attention that the assessee never sought any adjournment for hearing, therefore it cannot be held responsible for the delay in disposal of the appeals.

SP Nos.295 & 296/Bang/2017 Page 2 of 3

2. The ld. DR vehemently opposed extension of stay.

3. Having carefully examined the material on record, we find that initially stay was granted on 08.01.2016, thereafter it was extended vide order dated 01.07.2016. Again the stay was extended for another six months on 28.06.2017. On careful perusal of the record, we find that most of time the case was adjourned at the request of revenue or for want of time. Since the assessee is not responsible for the delay in disposal of the appeals, we find force in the contention of the assessee for extension of stay. Accordingly, the stay is extended upto 31.01.2018. In the light of these facts, we direct the Registry to list these appeals for hearing on 03.01.2018.

4. In the result, the stay petitions filed by the assessee are allowed.

Pronounced in the open court on this 02nd day of January, 2018.

                Sd/-                                             Sd/-

     ( INTURI RAMA RAO )                         ( SUNIL KUMAR YADAV)
       Accountant Member                              Judicial Member


Bangalore,
Dated, the 02nd January, 2018.

/ Desai Smurthy /
                                            SP Nos.295 & 296/Bang/2017
                            Page 3 of 3




Copy to:

1.   Applicant
2.   Respondent
3.   CIT
4.   CIT(A)
5.   DR, ITAT, Bangalore.
6.   Guard file



                                          By order



                                     Senior Private Secretary
                                       ITAT, Bangalore.