GOUTAM CHAND SANDEEP PAGARIYA,CHENNAI V. ITO, NCW-8(1), CHENNAI

SA 103/CHNY/2025

AI Insights

The case involves Goutam Chand Sandeep Pagariya, a small dealer of golden jewellery, who appealed against an assessment order for the year 2018-19 which determined his total income at Rs.2,73,23,587, leading to a demand of Rs.2,77,63,430. The appellant argued that the demand was based on erroneous additions not supported by facts, and that the financial hardships and attachments on his bank accounts were adversely impacting his business. The Revenue opposed a blanket stay of the demand. The Tribunal considered the submissions and granted a partial stay, requiring a substantial upfront payment and scheduling an early hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 783725 (ITAT-CHENNAI)
• Duration Of Justice: 15 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 07-11-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2018-2019
• Appeal Filed On: 23-10-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: K.P.G.REDDY; C.A
• Keywords: Application of stay
• Section: 143(3)

Judgement Text

"आयकर अपीलीय अधिकरण, ’सी’’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI श्री यस यस विश्वनेत्र रवि, न्यावयक सदस्य एवं श्री अविताभ शुक्ला, लेखा सदस्य क े समक्ष BEFORE SHRI SS VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./SA No. 103/Chny/2025 (In ITA No.2927/Chny/2025) धििाारण वर्ा /Assessment Years: 2018-19 Goutam Chand Sandeep Pagariya, No.8, School Street, 1st Cross, Virugambakkam, Chennai-600 092. [PAN: APIPS7954L] Income Tax Officer, Non-Corp Ward-8(1), Chennai. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Mr.K.P.G.Reddy, C.A प्रत्यर्थी की ओर से /Revenue by : Ms.Gouthami Manivasagam, JCIT सुिवाई की तारीख/Date of Hearing : 07.11.2025 घोर्णा की तारीख /Date of Pronouncement : 07.11.2025 आदेश / O R D E R PER AMITABH SHUKLA, A.M : This Stay Application is arising out of ITA No.2927/Chny/2025 for the assessment year 2018-19. Through the aforesaid Petition the appellant assessee has requested for grant of stay qua outstanding demand. The reference to the word “Act” in this order hereinafter shall mean the Income Tax Act, 1961 as amended from time to time. 2.0 The Ld.Counsel for the assessee submitted that the assessee is a small dealer of golden jewellery. Assessment order u/s 143(3) dated Printed from counselvise.com SA No.103/Chny/2025 Page - 2 - of 3 15.04.2024 has been passed in its case determining total income at Rs.2,73,23,587/- consequently leading to a demand of Rs.2,77,63,430/-. The Ld.Counsel prayed for grant of stay of the impugned demand on the premise of the assessee under going financial hardships as also the fact that the additions are erroneous and not supported by facts on records. In its petition, the appellant assessee has also conveyed its willingness to pay a part of the demand. Request was also made for grant of some installments for part payment. It was also stated that attachments of its bank accounts is adversely impacting smooth running of assessee’s business. The Ld.Counsel also requested for early hearing of the matter. 3.0 The Ld.DR vehemently argued against grant of any blanket stay of the demand. 4.0 We have heard the rival submissions in the light of material available on records. Upon consideration of varied facets of the controversy at hand, we hereby order grant of stay to the demand subject to payment of an amount of Rs.55,52,682/-, being the amount equivalent to 20% of the total disputed demand, on or before 31.12.2025. The Revenue is also directed to forthwith vacate the attachment of assessee’s bank account with the State Bank of India viz . A/c No.31843357269, 30097413503 maintained in the name of Shri Sandeep Pagarrya and account No.30083226654 maintained in the name of Bhagyashree Jewelers. In the event of any default, by the assessee to comply with Printed from counselvise.com SA No.103/Chny/2025 Page - 3 - of 3 these directions herein above , this grant of the stay shall be automatically vacated and the Revenue shall be at liberty to proceed against the assessee as deemed appropriate. Further, the request for early hearing of the case has also been acceded and the case is fixed for hearing , as per request of assessee’s counsel, on 10.12.2025. 5.0 In the result, the Stay Petition is partly allowed. Order pronounced on 7th , November-2025 at Chennai. Sd/- (यस यस धवश्विेत्र रधव) (SS VISWANETHRA RAVI) न्याधयक सदस्य / Judicial Member Sd/- (अधमताभ शुक्ला) (AMITABH SHUKLA) लेखा सदस्य /Accountant Member चेन्नई/Chennai, धदिांक/Dated: 7th , November -2025. KB/- आदेश की प्रतितिति अग्रेतिि/Copy to: 1. अिीिार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकर आयुक्त/CIT - Chennai/Coimbatore/Madurai/Salem. 4. तिभागीय प्रतितिति/DR 5. गार्ड फाईि/GF Printed from counselvise.com "