MESERS MAA PARVATI ENTERPRISES, KORBA(CG) V. INCOME TAX OFFICER WARD-2, KORBA(CG)

SA 01/RPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6517 (ITAT-RAIPUR)
• Duration Of Justice: 4 month(s)
• Appeal Type: TDS Appeal
• Pronouncement Date: 08-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 08-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: G S AGARWAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI PARTHA SARATHI CHAUDHU RY , JM S.A. NO. 01/ RPR /20 1 9 (ARISING OUT OF ITA NO. 48/RPR/2017) ASSESSMENT YEAR : 2010 - 11 M/S. MAA PARVATI ENTERPRISES, MAIN ROAD, NEAR BAJRANG TALKIES, KORBA, ( C.G.) PAN : AA QFM7434G ....... / APPELLANT / V/S. INCOME TAX OFFICER, WARD 2, KORBA, (C.G.) / RESPONDENT A SSESSEE BY : SHRI G.S. AGARWAL REVENUE BY : SHRI D.K. JAIN / DATE OF HEARING : 1 6 .01.2019 / DATE OF PRONOUNCEMENT : 16 .01.2019 2 S.A. NO. 01/RPR/2019 / ORDER PER ANIL CHATURVEDI, AM : THROUGH THE PRESENT STAY APPLICATION, THE ASSESSEE WANTS US TO STAY THE NET OUTSTANDING TAX DEMAND OF RS. 28,00,000/ - FOR A.Y. 201 0 - 11. BEFORE US, LD. A.R. SUBMITTED THAT THE GROSS TAX DEMAND RAISED BY THE AO IS RS .65,14,830/ - (WHICH COMPRISES TO TAX OF RS.16 LACS (APPROX.) AND RS.4 9 LACS (APPROX..) AGAINST WHICH ASSESSEE HAS ALREADY PAID RS .37,89,590/ - AND THEREFORE THE NET OUTSTANDING DEMAND IS RS .28 LACS (ROUNDED OF F). 2. BEFORE US LD. A.R. SUBMITTED THAT THE ASSESSEE HAS CLOSED ITS BUSINESS IN THE YEAR 2015 AND HAS FILED NIL RETURN OF INCOME FOR A.Y. 2016 - 17. HE FURTHER SUBMITTED THAT THE ASSESSING OFFICER HAS ATTACHED THE BANK ACCOUNT OF THE PARTNERS NAMELY SHRI AMIT MODI, SHRI SANTOSH AGRAWAL AND SHRI GOPAL MODI U/S. 226(3) VIDE ORDER DATED 27 - 10 - 2017 AND SUBMITTED THAT THE ASSESSEE IS IN FINANCIAL DIFFICULTIES. HE FURTHER SUBMITTED THAT SINCE THE ASSESSEE HAS PAID MORE THAN 58% OF THE TAX DEMAND , THE ENTIRE OUT STANDING DISPUTED TAX DEMAND BE STAYED. HE THERE AFTER SUBMITTED THAT THE ASSESSEE IS WILLING TO DEPOSIT SUCH AMOUNT AGAINST THE OUTSTANDING DISPUTED TAX DEMAND AS DEEMED FIT BY THE TRIBUNAL. HE THEREFORE SUBMITTED THAT THE ENTIRE OUTSTANDING TAX DEMAND BE STAYED AND EARLY HEARING BE GRANTED. HE SUBMITTED THAT ON THE MERITS, THE ASSESSEE HAS A PRIMA FACIE STRONG ARGUABLE CASE . 3 S.A. NO. 01/RPR/2019 3. LD. D.R. ON THE OTHER HAND OPPOSED THE STAY APPLICATION AND SUBMITTED THAT THE ASSESSEE BE ASKED TO DEPOSIT ATLEAST 50% OF THE OUTSTANDING DEMAND. 4 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE TOTALITY OF THE FACTS STATED HERE - IN - ABOVE , WE ARE OF THE VIEW THAT ASSESSEE HAS A PRIMA FACIE CASE, BALANCE OF CONVENIENCE AND THUS IT IS A FIT CASE FOR GRANTING STAY. WE THEREFORE GRANT STAY OF THE DISPUTED TAX DEMAND SUBJECT TO THE FOLLOWING CONDITIONS : A) THE ASSESSEE IS DIRECTED TO DEPOSIT RS. 2 LACS BY 10 TH MARCH, 2019. B) THE ASSESSEE SHALL FURNISH PROOF OF PAYMENTS OF TAX AT THE TIME OF HEARING. C ) THAT THE ASSESSEE SHALL NOT SEEK FRIVOLOUS ADJOURNMENT. IF A PAPER BOOK IS DESIRED TO BE FILED BY THE ASSESSEE, THEN THE SAME SHOULD BE SUBMITTED WELL IN ADVANCE AS PRESCRIBED IN ITAT RULES. D ) IN CASE OF BREACH OF THE ABOVE CONDITIONS, THE STAY GRANTED SHALL AUTOMATICALLY GET VACATED UNLESS DIRECTED OTHERWISE BY THE BENCH. 5 . SUBJECT TO THE FULFILLMENT OF THE ABOVE CONDITIONS, THE BALANC E OUTSTANDING DEMAND IS STAYED FOR A PERIOD OF 180 DAYS FROM THE DATE OF THIS ORDER OR TILL DISPOSAL OF THE APPEAL, WHICHEVER IS EARLIER. 4 S.A. NO. 01/RPR/2019 6 . IN THE RESULT, THE STAY APPLICATION FILED BY THE ASSESSEE IS DISPOSED OFF ON THE TERMS INDICATED IN THE FOREGOING PARAGRAPHS. ORDER PRO NOUNCED ON 16 TH DAY OF JANUARY , 201 9 . SD/ - SD/ - PARTHA SARATHI CHAUDHURY ANIL CHATURVEDI JUDICIAL MEMBER ACCOUNTANT MEMBER / RAIPUR ; / DATED : 16 TH JANUARY, 2019 . RK / COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT. 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, I.T.A.T., RAIPUR //TRUE COPY// / BY ORDER, / PRIVATE SECRETARY , / ITAT, RAIPUR . 5 S.A. NO. 01/RPR/2019 DATE 1 DRAFT DICTATED ON 1 6 .01.2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 1 6 .01 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER