Balbir Singh & Sons, New Delhi V. ACIT, Circle-50(1), New Delhi

ITA 76/DEL/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6484 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 03-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES FRIDAY, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER SA NO. 76/DEL/2020 (IN ITA NO. 8981/DEL/2019 : ASSTT. YEAR : 2016-17) SOBHI LAL SAINI, RRA TAXINDIA, D-28, SOUTH EXTENSION, PART-I, NEW DELHI VS A CIT, CIRCLE-61(1), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A TOPS5864R ASSESSEE BY : SH. SOMIL AGARWAL, ADV. REVENUE BY : SH. R. K. GUPTA, SR. DR DATE OF HEARING: 07 . 02.2020 DATE OF PRONOUNCEMENT: 10 .0 2 .2020 ORDER PER DR. B.R.R. KUMAR, ACCOUNTANT MEMBER: THIS STAY APPLICATION HAS BEEN FILED BY THE ASSESSE E FOR STAY OF THE OUTSTANDING DEMAND. 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL FO R THE ASSESSEE REQUESTED FOR STAY OF THE OUTSTANDING DEMA ND AND ALSO SUBMITTED THAT THE ASSESSEE HAS PRIMA FACIE AN ARGUABLE CASE. ALTERNATIVELY, IT WAS SUBMITTED THAT AN EARLY HEARING MAY BE GRANTED. 3. IN HIS RIVAL SUBMISSIONS, THE LD. SR. DR OPPOSED THE STAY OF THE OUTSTANDING DEMAND BUT DID NOT OBJECT IF AN EARLY HEARING IS GRANTED. SA NO. 76/DEL/2020 SOBHI LAL SAINI 2 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PA RTIES, WE ARE OF THE OPINION THAT IT IS A FIT CASE WHERE AN E ARLY HEARING IN VIEW OF THE FACT THAT THE MATTER INVOLVES EXAMINATI ON OF A SINGLE ISSUE OF INTEREST RECEIVED AND INTEREST PAID . WE, THEREFORE, DISMISS THE STAY APPLICATION AND DIRECT THE REGISTRY TO FIX THE APPEALS FOR EARLY HEARING IN ITA NO. 898 1/DEL/2019 ON 16.04.2020. 5. IN THE RESULT, THE STAY APPLICATION OF THE ASSES SEE IS DISMISSED AND THE EARLY HEARING IS GRANTED. ORDER PRONOUNCED IN THE OPEN COURT ON 10/02/2020. SD/- SD/- (AMIT SHUKLA) (DR. B .R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMB ER DATED: 10/02/2020 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR