The ACIT 3(1), Indore V. SEZ Indore LTD, Indore

MA 80/Ind/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9370 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 23-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R S AMBEDKAR
• Assessee Lawyers: LUCKY JAIN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER MA NO.79/IND/2019 (ARISING OUT OF SA NO.49 TO 52, 55 & 56/IND/2019) ASSESSMENT YEARS: 2009-10 TO 2014-15 ACIT, 3 (1) INDORE / VS. MP AUDHYOGIK KENDRA VIKAS NIGAM(INDORE) LTD. INDORE INDORE ( REVENUE ) ( RE SPONDENT ) P.A. NO. AADCM7525Q MA NO.80/IND/2019 (ARISING OUT OF SA NO.53 & 54/IND/2019) ASSESSMENT YEAR: 2008-09 & 2013-14 ACIT, 3 (1) INDORE / VS. SEZ INDORE LTD. INDORE INDORE (REVENUE) (RESPONDENT ) P.A. NO. AAJCS7745J REVENUE BY SHRI R . S . AMBEDKAR , SR. DR RESPONDENT BY SHRI LUCKY JAIN , AR DATE OF HEARING: 20.12.2019 DATE OF PRONOUNCEMENT: 07.01.2020 MA NO.79 &80/IND/2019 MP AUDOGIK KENDRA VIKAS 2 / O R D E R PER KUL BHARAT, J.M: BOTH THE MISC. APPLICATIONS ARE FILED BY REVENUE AGAINST THE ORDER DATED 07.06.2019 PASSED IN SA NO.49 TO 56/IND/2019 ON THE GROUND THAT IN THE STAY APPLICATIO NS, ASSESSEE HAS TAKEN PLEA THAT THE REVENUE HAS ATTACHED BANK ACCOUNTS WHEREAS THE ASSESSEE HAS ALREADY DEPOSITED OVER RS.188 CRORES AS AGAINST RS.291 CRORES. HOWEVER, THE TOTAL DEMAND WAS RAISED BY THE REVENUE MORE THAN RS.84 CRORES IN THE YEARS UNDER CONSIDERATION AND THE DEMAND OF RS.37 CRORES WAS ADJUSTED AGAINST DEMAND THROUGH MEASURES TAKEN BY THE REVENUE THROUGH ATTACHMENTS AND REFUND ADJUSTMENTS. BANK ACCOUNTS WERE RELEASED AFTER RECOVERY AND AS ON DATE, NO BANK ACCOUNT IS ATTACHED. FURTHER, THE HON'BLE SUPREME COURTS ORDER DATED 01.10.2018 IS NOT CONCERNED WITH ASSESSMENT YEARS UND ER CONSIDERATION. 2. LD. DEPARTMENTAL REPRESENTATIVE (DR) REITERATED THE SUBMISSION AS ABOVE. 3. ON THE CONTRARY, LD. COUNSEL FOR THE ASSESSEE OPPO SED THE SUBMISSIONS AND SUBMITTED THAT THERE IS NO MISTAK E APPARENT ON RECORD. FURTHER, THE TRIBUNAL VIDE ORDER D ATED MA NO.79 &80/IND/2019 MP AUDOGIK KENDRA VIKAS 3 07.06.2019 GRANTED THE STAY UP TO 06.09.2019, WHICH HAS ALREADY BEEN EXPIRED, THEREFORE, THE PRESENT MAS HAVE BECOME INFRUCTUOUS. 4. WE HAVE HEARD THE RIVAL CONTENTIONS PERUSED THE MATERIAL AVAILABLE ON RECORDS. WE FIND THAT STAY GRANTED WAS UP TO 06.09.2019 WHICH HAS EXPIRED, THEREFORE, TH E SUBMISSION PUT FORTH BY THE REVENUE WOULD BE CONSID ERED IN CASE THE ASSESSEE SEEKS EXTENSION OF THE STAY. THU S, THE PRESENT MISC. APPLICATIONS BEING INFRUCTUOUS ARE DISMISSED. 5. IN THE RESULT, MISC. APPLICATION FILED BY THE RE VENUE ARE DISMISSED IN TERMS AS INDICATED HEREINABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 07 .01. 2020. SD/- (MANISH BORAD) SD/- (KUL BHARAT) A CCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 07/ 01/2020 CTX? P.S/. . . COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE