PARANDHAMAN BHAKTHAVATSALA NAIDU HUF,CHENNAI V. ITO - NON CORP WARD 1(6) CHN, NEW BUILDING, AAYAKAR BHAWAN

SA 19/CHNY/2025

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The case involves a stay application filed by Parandhaman Bhakthavatsala Naidu HUF against the Income Tax Office, Non Corporate Ward 1(6), Chennai, seeking relief from an outstanding tax demand for the assessment year 2016-17 under the Income Tax Act, 1961. The appellant, represented by Advocate Shri Rohan Govind, argued that they had a prima facie case and that the balance of convenience favored a stay on the remaining disputed demand of Rs. 15,91,207, following the payment of 20% of the total demand. The respondent, represented by Ms. Gouthami Manivasagam, JCIT, did not oppose the stay, subject to verification of the statutory payment requirements. The Tribunal, after considering the submissions and the payment made, decided to grant the stay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472447 (ITAT-CHENNAI)
• Appeal Type: Stay Application
• Pronouncement Date: 14-02-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Keywords: Application of stay

Judgement Text

" आयकर अपीलीय अिधकरण ‘ए’’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय ŵी मनु क ुमार िगįर, Ɋाियक सद˟ एवं माननीय ŵी जगदीश, लेखा सद˟ क े समƗ। BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI JAGADISH, ACCOUNTANT MEMBER S.P.No.19/Chny/2025 ( in ITA No.369/Chny/2025) (िनधाŊरणवषŊ / Assessment Year: 2016-2017) Parandhaman Bhakthavatsala Naidu HUF, 147/326, Royapettah High Road, LUZ Corner, Chennai 600 004. [PAN: AAEHP 9160N] Vs. The Income Tax Office, Non Corporate Ward 1(6) Chennai. (Petitioner) (Ĥ×यथȸ/Respondent) Petitioner by : Shri Rohan Govind, Advocate Respondent by : Ms. Gouthami Manivasagam, JCIT. सुनवाई कȧ तारȣख/Date of Hearing : 14.02.2025 घोषणा कȧ तारȣख /Date of Pronouncement : 14.02.2025 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member) The assessee has filed present stay application seeking stay for outstanding demand of tax for AY 2016-17 under the Income Tax Act, 1961 (‘ACT’ in short). 2. The Ld. counsel Mr. Rohan Govind, Advocate at the outset referred a challan dated 13.02.2025 wherein Rs.3,81,324/- being 20% of outstanding total demand of Rs.19,06,620/- has been paid for the AY 2016-17. The ld. AR submitted that the appellant is having a prima facie case on merits. The balance of convenience is in favor of the appellant. He further submitted that since the appellant has already paid Rs.3,81,324/- being 20% of total demand of Rs.19,06,620/- therefore, he prayed that the balance 2 SP No.19/2025 in ITA No.369/Chny/2025 disputed demand of Rs.15,91,207/- may be stayed for a period of 6 months or till disposal of the appeal whichever is less. 3. The ld. DR, Ms. Gouthami Manivasagam, JCIT, fairly agreed that stay may be granted subject to verification of statutory requirement of payment of taxes by the appellant. 4. We have heard both the parties and considered relevant contents of stay petition filed by the appellant for assessment years 2016-17. On perusal of contents of the stay petitions filed by the appellant, we are of the considered view that the assessee has made out a prima facie case and also balance of convenience in its favour. Further, the appellant also paid Rs.3,81,324/- being 20% of total demand of Rs.19,06,620/- which is evident from challan filed by the Ld. counsel for the assessee. 5. Therefore, considering the facts and circumstances of the case and in the light of the fact that 20% of payment of demand has been made by the assessee out of total demand of Rs.19,06,620/-, in our considered view, it is a fit case for granting stay for balance outstanding demands. Thus, we stay the balance outstanding demand for a period of 6 months from the date of this order or till disposal of the appeals filed by the assessee whichever is earlier. Consequently, we direct the registry to post the appeal for hearing on 20.02.2025 for which no separate notice shall be issued to both sides. 6. In the result, Stay Applications filed by the assessee are allowed. Order pronounced in the open court on 14th day of February, 2025 at Chennai. Sd/- Sd/- (जगदीश) (JAGADISH) लेखा सद˟ / ACCOUNTANT MEMBER (मनु क ुमार िगįर) (MANU KUMAR GIRI) Ɋाियक सद˟ / JUDICIAL MEMBER चेɄई Chennai: िदनांक Dated :14 -02-2025 KV आदेश कȧ ĤǓतͧलͪप अĒेͪषत /Copy to : 1. Petitioner 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT, Chennai 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF "