The Himalaya Drug Company v. The Deputy Commissioner of Income-tax, Circle–6(2)(1), Bangalore
[Citation -2019-LL-0927-82]

Citation 2019-LL-0927-82
Appellant Name The Himalaya Drug Company
Respondent Name The Deputy Commissioner of Income-tax, Circle–6(2)(1), Bangalore
Court ITAT-Bangalore
Relevant Act Income-tax
Date of Order 27/09/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags extension of stay • amp expenses
Bot Summary: CIT Date of hearing 27-09-2019 Date of 27-09-2019 Pronouncement ORDER Per Smt.Beena PIllai, Judicial Member; Present stay petition is filed by assessee, seeking extension of stay granted originally vide order dated 29-03-2019 in SP No. 84/Bang/2019. Referring to dates and events at page 3 of stay petition, Ld.AR submitted that, delay in disposal of appeal cannot be attributed to assessee. Ld.DR on the contrary opposed stay being extended by submitting that appeal has been adjourned on the ground that appeals for earlier years being Assessment Years 2009-10 and 2010-11 on similar issues in assessee s own case have been heard, and order was awaited. In respect of remaining issues, Ld.AR submits that assessee has already deposited 20 of total outstanding demand. Accordingly, stay granted by the Tribunal vide order dated 29-03-2019 stands extended for further period of six months or till disposal of appeal whichever is earlier. It is directed that, no adjournments would S.P. No.273/Bang/2019 Page 3 of 3 be granted to assessee for any reason whatsoever on relevant date. In the result, the stay petition filed by assessee stands allowed.


IN INCOME TAX APPELLATE TRIBUNAL C BENCH BANGALORE BEFORE SHRI B.R.BASKARAN, ACCOUNTANT MEMBER AND SMT BEENA PILLAI, JUDICIAL MEMBER S.P.No.273/Bang/2019 (in ITA No.3071/Bang/2018) (Assessment year 2014-15) M/s Himalaya Drug Deputy Company Commissioner of Makali, Tumkur Road, Vs. Income Tax, Bangalore-562 162 Circle 6 (2) (1), PAN: AADFT3025D Bangalore. APPELLANT RESPONDENT Assessee by Shri B.R.Sudheendra, Advocate Revenue by Smt R.Premi, Addl. CIT Date of hearing 27-09-2019 Date of 27-09-2019 Pronouncement ORDER Per Smt.Beena PIllai, Judicial Member; Present stay petition is filed by assessee, seeking extension of stay granted originally vide order dated 29-03-2019 in SP No. 84/Bang/2019. Assessee therein was directed to make payment of Rs.18.85 Crores. It has been submitted that assessee complied S.P. No.273/Bang/2019 (in ITA No.3071/Bang/2018) Page 2 of 3 with requisite conditions. Referring to dates and events at page 3 of stay petition, Ld.AR submitted that, delay in disposal of appeal cannot be attributed to assessee. 2. He also submitted that facts and circumstances remain same and thus prayed for further extension for period of six months. 3. Ld.DR on contrary opposed stay being extended by submitting that appeal has been adjourned on ground that appeals for earlier years being Assessment Years 2009-10 and 2010-11 on similar issues in assessee s own case have been heard, and order was awaited. But till now those orders are not brought on record. 4. We have perused submissions advanced by both sides in light of records placed before us. 5. Ld.AR submitted that, issues under consideration relating to AMP expenses, issue stands squarely covered by order of this Tribunal in assessee s own case for assessment year 2010-11 in IT(TP)A No.187(B)/2017. In respect of remaining issues, Ld.AR submits that assessee has already deposited 20% of total outstanding demand. Under these facts, we do not find any reason to reject present stay application. Accordingly, stay granted by Tribunal vide order dated 29-03-2019 stands extended for further period of six months or till disposal of appeal whichever is earlier. It is directed that, no adjournments would S.P. No.273/Bang/2019 (in ITA No.3071/Bang/2018) Page 3 of 3 be granted to assessee for any reason whatsoever on relevant date. In result, stay petition filed by assessee stands allowed. Order pronounced in open court on 27-09-2019 Sd/- Sd/- (B.R.BASKARAN) (BEENA PILLAI) Accountant Member Judicial Member Bangalore Dated: 27-092019 Copy to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore 6. Guard file By order Assistant Registrar Himalaya Drug Company v. Deputy Commissioner of Income-tax, Circle6(2)(1), Bangalore
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