GURDEEP SINGH HUF,CHANDIGARH V. ITO WARD 5(5), CHANDIGARH

SA 34/CHANDI/2025

AI Insights

The case involves an appeal by Gurdeep Singh HUF against the Income Tax Officer, Circle 5(5), Chandigarh, concerning the assessment order for the year 2020-21, which included tax on interest from enhanced compensation received, claimed to be exempt under section 10(37) of the Income Tax Act. The appellant, engaged in farming, argued inability to pay the substantial tax demand. The Tribunal, considering the circumstances and the legal provisions cited, decided to grant a conditional stay on the recovery of the tax demand, requiring a partial payment to ensure compliance and seriousness in contesting the tax liability.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 793244 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 25-09-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2020-2021
• Appeal Filed On: 19-09-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK VARDHAN LD.
• Assessee Lawyers: MANPREET SINGH LD
• Keywords: Application of stay

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHANDIGARH PHYSICAL HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM Stay Application No. 34/ Chandi/2025 (In ITA No. 1153/Chandi/2025) (िनधाŊरण वषŊ / Assessment Year: 2020-21) अपीलाथŎकीओरसे/ Appellant by : Shri Manpreet Singh (CA) – Ld. AR ŮȑथŎकीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 25-09-2025 घोषणाकीतारीख /Date of Pronouncement : 25-09-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. By way of this stay application for Assessment Year (AY) 2020- 21, the assessee seeks stay of recovery of outstanding demand. The Ld. AR stated that the assessee is engaged in farming business and as such, he is not in a position to pay huge demand. The Ld. Sr. DR opposed stay of demand and placed on record computation sheet of the assessee. Gurdeep Singh HUF 3275/2 Sector 35-D Chandigarh बनाम/ Vs. ITO Circle 5(5) Chandigarh. ̾थायीलेखासं./जीआइआरसं./PAN/GIR No.AAGHG-7637-F (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) Printed from counselvise.com 2 2. In the assessment order, Ld. AO brought to tax interest on enhanced compensation so received by the assessee for Rs.46.43 Lacs though the assessee claimed the same to be exempt u/s 10(37). The Ld. CIT(A) confirmed the same against which the assessee has filed further appeal before Tribunal. 3. Considering the issue involved, we accept the prayer of Ld. AR subject to payment of 20% of outstanding tax liability of Rs.12,53,719/- which roughly rounds-off to Rs.2,51,000/-. The same shall be deposited by the assessee within 30 days from the date of this order. Upon payment thereof, the recovery of remaining demand would stand stayed for a period of 180 days or till the disposal of the quantum appeal, whichever is earlier. The failure to make the payment as aforesaid would result into vacation of stay. The quantum appeal shall come up for hearing before regular bench on 30-10-2025 as informed to both the parties. Every endeavor would be made for early disposal of the appeal. The registry is directed to fix the quantum appeal accordingly. 4. The application stand allowed in terms of our above order. Order pronounced on 25th September, 2025. Sd/- Sd/- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 25-09-2025 Printed from counselvise.com 3 आदेश की Ůितिलिप अŤेिषत / Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF ASSISTANT REGISTRAR ITAT CHANDIGARH Printed from counselvise.com "