2018 (8) TMI 722

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.... KUMAR MITTAL, J. 1. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 8.9.2017 (Annexure A-II) passed by the Income Tax Appellate Tribunal, Delhi Bench 1-2, New Delhi (hereinafter referred to as "the Tribunal") in Stay Application No. 490/DEL/2017 in ITA No.6704/ DEL/2015, claiming the following substantial ....

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....n 143(2) of the Act was issued. A reference was made to the Transfer Pricing Officer to determine the Arm's Length Price who vide order dated 29.1.2015 passed under Section 92CA(3) of the Act assessed Transfer Pricing Adjustments of Rs. 14,98,66,534/-. The Assessing Officer vide draft order dated 16.2.2015 assessed the total income of the assessee at Rs. 32,58,83,820/- by making addition of Rs....

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....edit of the prepaid taxes. The Assessing Officer allowed the said rectification application and reduced the demand from Rs. 7,43,96,230/- to Rs. 6.06 crores. Later on, a refund of Rs. 2 crores was adjusted and remaining balance demand of Rs. 4.06 crores was raised. Along with the appeal, the assessee also filed Stay Application No. 627/Del/2015. The stay was granted on 6.1.2016 till 9.2.2016 and f....

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....r of Central Excise, Rohtak vs. M/s Voice Telesystem) decided on 20.1.2016 after considering the relevant case law on the point concluded that wherever the appeal could not be decided by the Tribunal due to pressure of pendency of cases and delay in the disposal of the appeal is not attributable to the assessee in any manner, the interim protection can continue beyond 365 days in deserving cases. ....