ITO WARD 1(1), FARIDABAD V. AZAD MALIK, FARIDABAD

ITA 83/DEL/2025

AI Insights

The case involves a Stay Application by Tilak Raj Baisla concerning an outstanding demand of income-tax for the Assessment Year 2014-15, linked to a revisionary order by the Principal Commissioner of Income Tax, Faridabad. The revisionary order set aside a reassessment order previously passed by the Assessing Officer, directing a fresh assessment. The Tribunal noted procedural defects in the stay application, including an incorrect application fee and the absence of an actual outstanding demand, leading to the dismissal of the application.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 26173 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAHIL KUMAR BANSAL
• Keywords: Set aside; Application of stay
• Section: 147

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE-PRESIDENT AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER S.A. No.83/Del/2025 [Arising out of ITA No.1659/Del/2024] Assessment Year: -2014-15 Tilak Raj Baisla Village-Mewla Maharajpur Sector-46, Faridabad- 121010 Haryana PAN:AGUPB8273C v. Principal Commissioner of Income Tax Faridabad-121001, Haryana (Appellant) (Respondent) ORDER PER RAMIT KOCHAR, AM: The Stay Application in SA No.83/Del/2025 for Assessment Year 2014-15 filed by the assessee has arisen out of ITA No.1659/Del/2024 . By way of this Stay Application, the assessee is seeking for stay of outstanding demand of income-tax and demand aggregating to Rs. Nil. The appeal in ITA no. 1659/Del/2024 for assessment year 2014-15 has been filed by assessee with ITAT, Delhi Benches, Delhi , which is an appeal arising from the revisionary order dated 14th March 2024 passed Assessee by None Department by Shri Sahil Kumar Bansal, Sr. DR Date of hearing 21.02.2025 Date of pronouncement 21.02.2025 S.A.No.83/Del/2025- Tilak Raj Baisla, Faridabad Arising out of ITA no. 1659/Del/2024 2 | P a g e by learned Principal Commissioner of Income-tax, Faridabad u/s 263 of the Income-tax Act, 1961 in DIN & Order No. ITBA/REV/F/REV5/2023-24/1062630396(1), wherein learned PCIT has held that the reassessment order dated 31.03.2022 passed by learned Assessing Officer u/s 147 read with Section 144B of the Income-tax Act, 1961 to be erroneous and prejudicial to the interest of Revenue, and the said reassessment order was set aside by ld. PCIT wherein the ld. AO was directed to pass a fresh assessment order and recompute the income of the assessee, in the manner as provided in the revisionary order dated 31.03.2022 passed by ld. PCIT. 2. None appeared on behalf of the assessee when this stay application was called for hearing before the Division Bench. The ld. Sr. DR pointed out that in stay of demand application, it is stated by the assessee that there is no demand outstanding against the assessee, and hence prayers were made to dismiss this stay application. 3. At the outset, it is observed that the assessee has paid application fee of Rs. 50/- while filing this stay application with ITAT ,while the application fee payable is Rs. 500/- as provided u/s 253(7) of the 1961 Act. Further, it is observed that the assessee is seeking stay of demand of Rs. Nil vide this stay application filed with ITAT. Thus, no outstanding demand of income-tax and interest thereon is sought by the assessee to be stayed by the assessee vide this stay of demand application filed by the assessee. On perusal of the Affidavit dated 14.02.2025 filed by the assessee, S.A.No.83/Del/2025- Tilak Raj Baisla, Faridabad Arising out of ITA no. 1659/Del/2024 3 | P a g e it is observed that in-fact the assessee is seeking stay on passing of the consequential reassessment order u/s 147 read with Section 263 by the NFAC, New Delhi, pursuant to revisionary order u/s 263 passed by ld. PCIT. Thus, this stay of demand application is defective as well not maintainable with ITAT. Thus, we dismiss this stay of demand application filed by the assessee. We order accordingly. 4. In the result, Stay Application is dismissed as indicated above. Order pronounced in the open court on 21st February, 2025. Sd/- Sd/- Sd/- (MAHAVIR SINGH) (RAMIT KOCHAR) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 21st February, 2025. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi "