TMI Blog2017 (12) TMI 1536X X X X Extracts X X X X X X X X Extracts X X X X ..... .G.Road Branch, Bengaluru-560 001 which comes to ₹ 182 crores, during the pendency of these appeals before the Tribunal in addition to depositing further amount of ₹ 175 crores . In terms of conditions mentioned herein above, stay orders earlier granted are extended for a period of three months from the date of this order or till the date of disposal of the appeals, whichever is earlier subject to compliance of the above directions. - Stay Petition Nos.271 to 274/Bang/2017 (In I.T.A Nos.69/Bang/2014, 68/Bang/2015, 559/Bang/2016 & 387/Bang/2017) - - - Dated:- 8-12-2017 - A. K. GARODIA AND LALIT KUMAR ORDER PER LALIT KUMAR, JUDICIAL MEMBER: The present four stay petitions are filed by the assessee for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14, ITA No.949/Bang/2017 and ITA No.950/Bang/2017 without being influenced by the order dated 23.10.2017 passed in IT(TP)A.1511/Bang/2013 which is impugned in this appeal. We find no legal impediment to grant the aforesaid prayer. Accordingly, we direct the Income Tax Appellate Tribunal, Bengaluru, to dispose of the appeals in I.T.A.No.1190/Bang/2014, I.T.A.No.949/Bang/2017 and I.T.A.No.950/Bang/2017 in accordance with law and without in any way being influenced by the order dated.23.10.2017 passed in IT(TP)A.1511/Bang/2013 which is impugned in this appeal. IA No.2/2017 stands disposed of accordingly. 04. The Ld. AR has also drawn our attention to the order passed by the Hon ble jurisdictional High Court in WP Nos.52358 52359, dt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings emanating from the order passed by the lower authorities u/s.201 of the Act, the Hon ble Division Bench has directed the Tribunal to decide the appeals without being influenced by the order passed by the Tribunal in ITA.1511/Bang/2013, dt.23.10.2017. 06 The stay petitions pending before the Tribunal are pertaining to assessment years 2009-10 to 2012-13 in ITA Nos. 69/Bang/2014, 68/Bang/2015, 559/Bang/2016 387/Bang/2017. In these appeals, the stand of revenue is of principle depending agent not of Royalty and therefore Section 40(a)(i) of the Act would not be applicable and decision of the tribunal rendered in ITA no 1151/Bang/2013would not be of any help to the revenue The Ld. AR has further drawn our attention to the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g/2014, 68/Bang/2015, 559/Bang/2016 387/Bang/2017 were not the subject matter of proceedings before Hon ble Division Bench directions dated 15.11.2017. Further it is also a matter of record that prior to passing of the order by the Division Bench, the Tribunal in ITA.1190/Bang/2014,on 07.11.2017, for the assessment year 2013-14, had dismissed the stay application filled by the assessee for extension of the stay. Against the dismissal order passed by the tribunal in stay petition and also subsequent attachment order passed by the AO, the assessee filed WP bearing Nos.52358-52359/2017 (supra). In the said writ petitions, the Hon ble High Court after recording the submissions of the assessee passed an order, whereby Hon ble court recorded th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of another 20% in account No. 0037238007, maintained with CITI Bank, M.G.Road Branch, Bengaluru-560 001 which comes to ₹ 182 crores, during the pendency of these appeals before the Tribunal in addition to depositing further amount of ₹ 175 crores . In terms of conditions mentioned herein above, stay orders earlier granted are extended for a period of three months from the date of this order or till the date of disposal of the appeals, whichever is earlier subject to compliance of the above directions. The other conditions mentioned in the earlier orders for grant of stay shall continue to apply against the parties. 10. In the result, stay petitions are allowed in the terms indicated above. Order pronounced in the open cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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