Income Tax Appellate Tribunal - Bangalore
Mercedes-Benz Research & Development I ... vs Assistant Commissioner Of Income Tax, ... on 24 March, 2017
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.62/Bang/2017
(In IT(TP)A No.291/Bang/2015)
(Assessment year: 2010-11)
M/s.Mercedes-Benz Research & Development
India Pvt. Ltd.
Whitefield Palms Plot No.9 & 10, EPIP Zone,
Phase I, Whitefield Road,
Bengaluru-560066. ... Petitioner
Vs.
Asst. Commissioner of Income-tax,
Circle 4(1)(2)
Bengaluru. ... Respondent
Petitioner by : Shri Chavali Narayan, CA.
Respondent by : Shri M.K.Biju, JCIT(DR).
Date of hearing : 24/03/2017
Date of pronouncement : 24/03/2017
O R D E R
Per INTURI RAMA RAO, AM :
The assessee-company is seeking stay of demand of Rs.1,20,64,820/- vide this present stay petition for the assessment year 2010-11. Learned AR of the assessee submitted that the demand in question has arisen on account of not adjudicating the ground relating to comparability of Infosys Technologies Ltd., by this Tribunal. However, on the Miscellaneous Petition moved by the assessee-company, this ground was recalled for adjudication and already posted for hearing for 5th April,2017. He further submitted that in catena of decisions, Infosys Technologies Ltd., was held to be incomparable SP No.62/Bang/2017 Page 2 of 2 on account of functional differences. Thus, he prayed for stay of demand in dispute.
On the other hand, learned Departmental Representative vehemently opposed the stay petition moved by the assessee- company.
2. After hearing the rival submissions, we are of the considered opinion that there is prima facie case in favour of the assessee-company as Infosys Technologies Ltd., was held to be in-comparable in catena of decisions by co-ordinate benches of this Tribunal and also considering the fact that the appeal is already posted for hearing on 5th April, 2017, we stay demand in question upto 5th April, 2017. This is subject to condition that the assessee shall not seek adjournment of the case from hearing without just and reasonable cause.
3. The stay petition is disposed of on the above lines.
Order pronounced in the open court on 24th March,2017 Sd/- sd/-
(SUNIL KUMAR YADAV) (INTURI RAMA RAO)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Place : Bengaluru.
D a t e d : 24/03/2017
srinivasulu, sps
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