Income Tax Appellate Tribunal - Delhi
M/S Viavi Solutions India Pvt. Ltd.,, ... vs Acit, New Delhi on 18 April, 2017
SA No. 29/Del./2017
ITA No.231/Del/2017
Assessment Year: 2012-13
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH "I-2" BENCH NEW DELHI)
BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER
&
SHRI AMIT SHUKLA, JUDICIAL MEMBER
SA No. 29/Del./2017
In ITA No. 231/Del/2017
Assessment Year: 2012-13
Viavi Solutions India Pvt. Vs. ACIT
Ltd., (Formerly JDSU India Circle 26(1),
Pvt. Ltd.), Infotech Centre, New Delhi
3rd Floor, 14/2, Milestone,
Delhi Gurgaon Road.
(Applicant) (Respondent)
(PAN: AAACW0654M)
Assessee by: Sh. Nageshwar Rao, Advocate
Revenue by: Sh. T.M. Shivakumar, CIT (DR)
Date of hearing 23/03/2017
Date of pronouncement 18/04/2017
ORDER
PER AMIT SHUKLA, JUDICIAL MEMBER:
By way of aforesaid stay application, the applicant-assessee seeks for set off of outstanding demand of Rs. 1,90,22,950/-, mainly arising out of transfer pricing adjustments.
2. From the perusal of the various order sheet entries in the appeal file, we find that on various dates of hearing the revenue has been seeking adjournment from time to time and in all the dates of hearing, this Tribunal has been directing the department not to take Page 1 of 3 any coercive action for recovery of disputed demand, till the department is ready to argue the appeal. Today, that is, on 23.3.2017, the date fixed for hearing of appeal, the revenue again had sought for adjournment despite the fact that the interim stay of recovery proceeding is expiring today. The appeal has now been adjourned for11.5.2017.
3. Since there is no default on the part of the assessee to argue/conduct the hearing of the appeal, therefore, we are of the opinion that stay should be granted for outstanding demand for the period of six months from the date of this order or till the disposal of this appeal whichever is earlier. On the next date of hearing the department shall ensure that hearing of the appeal should take place peremptory.
4. Accordingly, the stay petition filed by the assessee is allowed.
5. In the result, the stay of the assessee in SA No. 29/Del/2017 is allowed.
Order pronounced in the open court on 18.04.2017.
Sd/- Sd/-
(J.S. REDDY) (AMIT SHUKLA)
ACCOUNTANT MEMBER (JUDICIAL MEMBER)
Dated: 18.04.2017
Narender
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Copy forwarded to:
1) Appellant
2) Respondent
3) CIT
4) CIT (Appeals)
5) DR: ITAT
ASSISTANT REGISTRAR
Date
Draft dictated on 10 .04.2017
Draft placed before author 11 .04.2017
Draft proposed & placed before the second member Draft discussed/approved by Second Member.
Approved Draft comes to the 13.4.2017 Sr.PS/PS Kept for pronouncement on 18.4.2017 File sent to the Bench Clerk 18.4.2017 Date on which file goes to the AR Date on which file goes to the Head Clerk.
Date of dispatch of Order.
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