Income tax Officer, V. Sunil Sahadeo Nikam, Pune

ITA 65/PUN/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9311 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 06-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / S.A. NOS.64 & 65/PUN/2017 (ARISING OUT OF ITA NOS.1187 & 1188/PUN/2017) / ASSESSMENT YEAR : 2013-2014 SHRIRAM DOODH JILLHA MADHYAVARTI SAHAKARI DOODH VYAVASAIK SANGH LTD., A/P BABHALESHWAR, TAL. RAHATA, DIST. AHMEDNAGAR 413737. PAN : AAAJS0393L. . / APPELLANT V/S ASST. COMMISSIONER OF INCOME TAX, AHMEDNAGAR CIRCLE. . / RESPONDENT / APPELLANT BY : SHRI M.K. KULKARNI / RESPONDENT BY : SHRI AJAY MODI / ORDER PER ANIL CHATURVEDI, AM : THESE STAY APPLICATIONS ARE AGAINST PENALTY LEVIED OF RS.71,00,000/- U/S 271(E) OF THE ACT AND RS.26,00,000/- U/S 271(D) OF THE ACT FOR A.Y. 2013-2014. 2. BEFORE US, LD.A.R. SUBMITTED THAT HE DOES NOT WISH TO P RESS THE STAY APPLICATION BUT HOWEVER MADE AN ALTERNATE SUBM ISSION THAT AN EARLIER HEARING OF THE APPEAL BE GRANTED. LD.D.R . DID NOT SERIOUSLY OBJECT TO THE SUBMISSIONS MADE BY LD.A.R. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATE RIAL ON RECORD. CONSIDERING THE SUBMISSIONS MADE BY THE LD.A .R. THE / DATE OF HEARING : 23.06.2017 / DATE OF PRONOUNCEMENT: 23.06.2017 2 STAY APPLICATIONS ARE DISMISSED BUT HOWEVER AN EARLY HEA RING IS GRANTED SUBJECT TO THE FOLLOWING CONDITION: THAT AN EARLY HEARING IS HEREBY GRANTED AND THIS APPEA L IS THEREFORE FIXED FOR HEARING ON 13.07.2017 AND THIS DATE IS PRONOUNCED IN THE COURT FOR WHICH BOTH THE PARTIES HAVE AGREED. NO SEPARATE NOTICE OF HEARING IS THEREFORE REQUIRED TO BE ISSUED BY THE REGISTRY. 4. IN THE RESULT, THE STAY APPLICATIONS FILED BY THE A SSESSEE ARE DISPOSED OFF ON THE TERMS INDICATED IN THE FORE GOING PARAGRAPH. ORDER PRONOUNCED ON 23 RD DAY OF JUNE, 2017. SD/- SD/- ( SUSHMA CHOWLA ) ( ANIL CHATURVEDI ) ' / JUDICIAL MEMBER #' / ACCOUNTANT MEMBER PUNE; ! DATED : 23 RD JUNE, 2017. YAMINI $%&'()(& / COPY OF THE ORDER FORWARDED TO : 1 . / THE APPELLANT 2. / THE RESPONDENT 3 . 4. 5. 6. CIT(A)-2, PUNE. PR.CIT-1, PUNE. #$% &&'(,* '(, / DR, ITAT, B PUNE; %,-./ GUARD FILE. / BY ORDER, // TRUE COPY // / 0123 / ASSISTANT REGISTRAR, * '(, / ITAT, PUNE.