K.G. Developers, Surat V. The Dy. Commissioner of Income Tax, Circle-2(3), Surat

MA 135/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4855 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 29-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 10; 2

Judgement Text

MA NO S . 135 , 136, 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11, 2010 - 11, 2011 - 12 & 2012 - 13 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO S . 135 , 136, 137 & 138 /AHD/201 6 (IN S A NOS. 26 , 2 7, 28 & 29 /AHD/201 6 ) ARISING OUT OF ITA NO S . 2414 /AHD/2014, 3288, 3289 & 3290 / AHD/201 5 ASSES SMENT YEAR S : 20 10 - 11, 2010 - 11, 2011 - 12 & 2012 - 13 RESPECTIVELY K. G. DEVELOPERS, ............. ... .. APPLICANT FINAL PLOT NO.104, ALTHAN CANAL R OAD, NR. GUJARAT VITRAN M A THAK, ALTHAN, SURAT. [PAN: AA IFK 9749 C ] VS. DY. COMMISSIONER OF INCOME TAX , CIRCLE 2(3), SURAT. . . . RESPONDENT APPEARANCES BY: S.N. SOPRKAR AND PARIN SHAH FOR THE APPLICANT PRASOON KABRA, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 16.09.2016 DATE OF PRONOUNC ING THE ORDER : 19. 10. 2016 O R D E R PER PRAMOD KUMAR , AM : [1] BY WAY OF THESE MISCELLANEOUS APPLICATION S , THE ASSESSEE APPLICANT SEEKS MODIFICATION IN THE CONSOLIDATED STAY O RD ER DATED 22.03.2016 IN STAY APPLICATION NOS.26, 27, 28 & 29/AHD/2016 TO THE EXTENT THAT THE TIME LIMIT TO DEPOSIT THE SUM OF RS.50,00,000/ - BE EXTENDED UPTO 1 3 .07.2016 I.E. TILL THE DATE OF ACTUAL DEPOSIT AS AGAINST THE TIME LIMIT ORIGINALLY GR A N T ED I.E. TILL 22.05.2016. MA NO S . 135 , 136, 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11, 2010 - 11, 2011 - 12 & 2012 - 13 PAGE 2 OF 3 [2] LEARNED COUNSEL SUBMITS THAT WHILE THE ABOVE APPLICANT HAS DULY PAID SUM OF RS.50,00,000/ - , AS DIRECTED BY THE TRIBUNAL, ON ACCOUNT OF LIQUIDITY CRISIS, THE PAYMENTS WERE MADE IN TWO INSTALMENTS ON 30.03.2016 AND 13.07.2016 OF RS.6,00,000/ - AND RS.44,00,000/ - RESPECTIVELY. HE PR A YS THAT THI S DELAY IN MAKING THE PAYMENTS OUT OF THE OUTSTANDING TAX AND INTER EST LIABILITY MAY KINDLY BE CONDONE D AND TO THAT EXTENT THE ORDER DATE D 22.03.2016 GRANTING STAY BE MODIFIED. [3] LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT SERIOUSLY OPPOSE THE REQUEST FOR MODIFICATION AND LE A V E S THE MATTER TO THE BENCH. [4] WE HAVE NOTED THAT THE ASSE SS EE HAS IN SUBSTANCE COMPLIED WITH THE CONDITION ON WHICH THE STAY WAS GRANTED INASMUCH AS RS.50,00,000/ - WAS ACTUALLY PAID BY THE A SSESSEE BUT THERE HAS BEEN DELAY IN M A KING THE AFORESAID PAYMENT . WE ARE OF THE CONSIDERED VIEW THA T TH IS DELAY IN PARTIAL PAYMENT OF OUTSTANDING DUE , AS DIRECTED BY THE TRIBUNAL , MAY BE CONDONED AND ACCORDINGLY THE STAY ORDER BE MODIFIED TO THAT EXTENT. IN OTHER WORDS, IN TERMS OF THE ORDER DATED 22.03.2016, THE STAY APPLICATIONS A RE MODIFIED IN VIEW OF TH E PAYMENT OF RS.50 ,00,000/ - AS ABOVE AND THE RELATED APPEALS WILL COME UP FOR HEARING ON 2 7 . 10 .2016. [5] IN THE RESULT, ALL THESE MISCELLANEOUS APPLICATIONS ARE ALLOWED IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON 19 TH DAY OF OCTOBER, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 19 TH DAY OF OCTOBER , 2016. MA NO S . 135 , 136, 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11, 2010 - 11, 2011 - 12 & 2012 - 13 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD