ACIT TDS 2(1), MUMBAI V. ROYAL WESTERN INDIA TURF CLUB LTD, MUMBAI

MA 150/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5716 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 06-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHTAR HANSARI
• Assessee Lawyers: JITENDRA SINGH
• Keywords: Application of stay; TDS
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J , MUMBAI BEFORE S HRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) M .A. N O. 150 / MUM /2019 ( ARISING OUT SA N O. 525 /MUM /201 8 ) ( ASSESSMENT YEAR : 2012 1 3 ) THE ASST. COMMISSIONER OF INCOME TAX (TDS) - 2(1), ROOM NO. 615, 6 TH FLOOR, K.G. MITTAL AYURVEDIC HOSPITAL BUILDING, CHARNI ROAD, MUMBAI - 400002 VS. M/S ROYAL WESTERN INDIA TURF CLUB LTD., MAHALAXMI RACE COURSE, MAHALAXMI, MUMBAI - 400011 PAN: AABCR8519H (APPELLANT) (RESPONDENT) REVENUE BY : SH RI AKHTAR H. ANSARI ( D R ) ASSESSEE BY : SHRI JITENDRA SINGH & SALIL KAPOOR (A R S ) DATE OF HEARING : 15 /11 /201 9 DATE OF PRONOUNCEMENT: 07 / 0 2 /2020 O R D E R PER RAM LAL NEGI, JM THE REVENUE HAS FILED T HE PRESENT MISCELLANEOUS APPLICATION FOR VACATING STAY ON RECOVERY OF DEMAND ISSUED VIDE ORDER DATED 28.12.2018 BY THE J BENCH OF THE ITAT IN ASSESSEES APPLICATION FOR STAY SA NO . 525 /M UM/2018 ARISING OUT OF ITA NO. 6625/MUM/2017, PERTAI NING TO THE ASS ESSMENT YEAR 2012 - 13 ON THE FOLLOWING GROUND: - (I) THE HONBLE ITAT VIDE ITS ORDER DATED 29.12.2017 ALLOWED THE STAY APPLICATION OF THE ASSESSEE. THE HONBLE ITAT HAS STAYED THE DEMAND OF THE AO FOR 180 DAYS OR TILL THE DATE OF THE ORDER OF THE TRIBUNAL, WHI CHEVER IS EARLIER AND DIRECTED THE ASSESSEE TO DEPOSIT A FURTHER SUM OF RS. 1,00,00,000/ - IN TWO INSTALLMENTS. FURTHER THE ITAT HAS STATED THAT THE REVENUE AUTHORITY IS PRECLUDED FROM PURSUING ANY COERCIVE MEASURES TO RECOVER THE OUTSTANDING DEMAND. 2 M.A. NO . 150 / MUM/2019 ASSESSMENT YEAR: 2012 - 13 (II) THE ST AY IN ABOVEMENTIONED CASE WAS FURTHER EXTENDED BY HONBLE ITAT TILL 30.11.2018 VIDE ORDER DATED 10.08.2018. THE AFOREMENTIONED STAY APPLICATION FOR THE ASSESSMENT YEAR 2012 - 13 WAS DISPOSED BY THE HONBLE ITAT, MUMBAI, BY ORDER DATED DECEMBER 28, 2018. APPE LLANT STATES THAT IT IS ABSOLUTELY ESSENTIAL AND IN THE INTEREST OF JUSTICE THAT THE PENDING THE HEARING AND FINAL DISPOSAL OF THIS APPEAL THE HONBLE ITAT BE PLEASED TO STAY THE OPERATION THE IMPUGNED ORDER DATED 28.12.2018 PASSED BY THE TRIBUNAL LEST GRA VE AND IRREPARABLE LOSS WOULD BE CAUSED TO THE REVENUE. 2. AT THE OUTSET, THE LD. DEPARTMENTAL REPRESENTATIVE (DR) AND THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE J BENCH OF THE TRIBUNAL HAS DECIDED THE ASSESSEES APPEAL ITA NO. 6625/MUM/2017 VIDE ORDER DATED 28.06.2019 AND ALLOWED THE APPEAL OF THE ASSESSEE . HENCE , THE PRESENT MISCELLANEOUS APPLICATION HAS BECOME INFRUCTUOUS. 3. AS POINTED OUT BY THE PARTIES, S INCE THE TRIBUNAL HAS ALREADY DECIDED THE APPEAL OF THE ASSESSEE, THE PRESENT M ISC ELLANEOUS A PPLICATION HAS BECOME INFRUCTUOUS. IN VIEW OF THE AFORESAID FACTS , WE DISMISS THE PRESENT APPLICATION FILED BY THE REVENUE . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE FOR A SSESSMENT YEAR 2012 - 13 IS DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 07 TH FEBRUARY , 2020 . SD/ - SD/ - ( SHAMIM YAHYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 07 / 0 2 / 2020 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A ) - 4. / CIT 3 M.A. NO . 150 / MUM/2019 ASSESSMENT YEAR: 2012 - 13 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI