INCOME TAX APPELLATE TRIBUNAL
                             DELHI BENCH "I-2"
                                 NEW DELHI
                 BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER
                                     AND
              SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER


                                     S P No. 817/Del/2018
                                   ITA No. 6870/Del/2018
                                 (Assessment Year: 2014 ­ 15)
              Nikon India ( P ) Ltd              Vs. The Deputy Commissioner of
           plot number 71, sector 32,                  Income tax ,
                institutional area                      Circle 3,
                   Gurugram                            Gurugram
                     Haryana
             PAN: AACCN5100F
                   (Appellant)                                    (Respondent)

             On behalf of assessee                            Mr. Vishal Kalra Adv

              On behalf of revenue                        Mr HK Choudary CIT ­ DR

                 Date of hearing                               12 November 2018

              Date of interim order                            12 November 2018




                                         ORDER

PER PRASHANT MAHARISHI, A. M.

                                       Interim order

01   This is a petition filed on 30/10/2018 by the assessee seeking grant of stay of outstanding

     demand of  24,73,01,220/- arising out of the order passed by the learned Deputy

     Commissioner Of Income Tax, circle ­ 3, Gurugram, for Assessment Year 2014 ­ 15

     against which the assessee has filed an appeal before the Tribunal on 30 October 2018

     vide ITA number 6870/Del/2018.


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02   It was submitted by the learned authorised representative that assessee is a wholly owned

     subsidiary of Nikkon Singapore and is engaged in import, sales distribution of Nikkon

     imaging products in India through a network of local distributors. It also provides the

     after sale services for the complete range of Nikon imaging and instrument products and

     it also rendered support services pertaining to the contracts for its group companies. He

     submitted that during the year, the learned assessing officer/transfer pricing officer has

     adjusted the total income of the assessee of Rs. 455672488/­ because of advertisement,

     marketing, and promotion expenditure applying the bright line test on protective basis.

     He further stated that on substantive basis the AMP intensity adjustment is Rs Nil. He

     submitted that identical issue arose in the case of the assessee for assessment year 2013 ­

     14 wherein the coordinate bench has allowed the issue in favour of the assessee. He






     therefore submitted that the balance of convenience is in favour of the assessee.

     Therefore he stated that the assessee may be granted stay against the recovery of the

     above demand till the appeal is disposed of. Alternatively, he also submitted that the

     appeal of the assessee may be disposed of expediently.


03   The learned CIT DR vehemently objected to the application for the stay and submitted

     that the assessee may be directed to pay the substantial amount if it wants to get the stay

     of demand.


04   We    heard    rival submissions and     perused     the material   on record. We are of

     the opinion that the appeal of the assessee           must be disposed of expediently and

     therefore the appeal of the     assessee is fixed for hearing on 22 November 2018 at

     the consent of both the parties. Meanwhile the revenue



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         is directed to not to take any coercive action for recovery of the outstanding demand up

         to 22 November 2018 and the stay petition of the assessee is also posted for hearing along

         with the main appeal on the date.







05       Accordingly we by this interim order direct the revenue to not to take any coercive action

         for recovery outstanding demand from the assessee till 22nd member 2018 on which date

         the appeal of the assessee along with the stay petition are posted for final hearing. Both

         the parties are also directed to not to seek adjournment and to cooperate for the early

         disposal of this appeal.




         Sd/-                                                                 Sd/-
(H. S. SIDHU)                                                        (PRASHANT MAHARISHI)
JUDICIAL MEMBER                                               ACCOUNTANT MEMBER


Dated:     12 /11 /2018
Copy forwarded to

     1. Applicant
     2. Respondent
     3. CIT
     4. CIT (A)
     5. DR:ITAT
                                                                       ASSISTANT REGISTRAR
                                                                           ITAT, New Delhi




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Date of dictation
Date on which the typed draft is placed before the dictating member
Date on which the typed draft is placed before the other member
Date on which the approved draft comes to the Sr. PS/ PS
Date on which the fair order is placed before the dictating member
       for pronouncement
Date on which the fair order comes back to the Sr. PS/ PS
Date on which the final order is uploaded on the website of ITAT      12.11.2018
date on which the file goes to the Bench Clerk
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant Registrar for
       signature on the order
Date of dispatch of the order




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