SHRI AJAY KUMAR GUPTA, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

SA 02/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3673 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 05-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA CIT DHK
• Assessee Lawyers: GARIMA
• Keywords: Application of stay
• Section: 143(3); 2

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SIN GH YADAV, AM STAY APPLICATION NO. 02/JP/2018 (ARISING OUT OF ITA NO. 143/JP/2018) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15. SHRI AJAY KUMAR GUPTA, D-160, GANGA PATH KABIR MARG, BANIPARK, JAIPUR 302016 CUKE VS. DCIT, CIRCLE-3, JAIPUR (RAJ.) LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ACBPG 8729 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SMT. GARIMA & SHRI MUKESH KHANDELWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09.02.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 09/02/2018. VKNS'K@ ORDER PER: SHRI VIJAY PAL RAO, JM BY WAY OF THIS APPLICATION, THE ASSESSEE SEEKING S TAY AGAINST THE OUTSTANDING DEMAND OF RS. 90,77,090/- ARISING FROM ASSESSMENT FRAMED U/S 143(3) FOR THE ASSESSMENT YEAR 2014-15. 2. WE HAVE HEARD THE LD. AR AS WELL AS LD. D/R AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. A DEMAND OF RS. 1,06, 79,090/- WAS RAISED BY THE AO DUE TO THE ADDITION OF RS. 2,10,97,759/- MADE ON ACCOUNT OF CAPITAL INTRODUCED BY THE ASSESSEE IN THE PARTNERSHIP FIRM. THE ASSESSEE HAS PAID A SUM OF RS. 16,02,000/- OUT OF THE TOTAL DEMAND OF R S. 1,06,79,090/-. 2 SA NO. 02/JP/2018. SH. AJAY KUMAR GUPTA VS. DCIT, JAIPUR. 3. THE LD. AR OF THE ASSESSEE SUBMITTED THAT SINCE THE ASSESSEE IS FACING FINANCIAL HARDSHIP AND THEREFORE THE BALANCE DEMAND MAY BE STAYED TILL THE DISPOSAL OF THE APPEAL. 4. ON THE OTHER HAND, LD. D/R HAS OBJECTED TO THE S TAY OF DEMAND AND SUBMITTED THAT THE ASSESSEE SHOULD PAY ATLEAST 50% OF THE OUTSTANDING DEMAND. 5. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND CARE FULLY PERUSAL OF RECORD, WE NOTE THAT THE DEMAND IN THIS CASE HAS ARISEN DUE TO THE ADDITION OF 2.10 CRORES ON ACCOUNT OF CAPITAL INTRODUCED IN THE PART NERSHIP FIRMS. THE AO AND CIT(A) HAS HELD THAT THE ASSESSEE HAS FAILED TO EXP LAIN THE SOURCE OF THE SAID AMOUNT. THUS, THIS IS NOT A CASE OF DEMAND ARISING FROM DISALLOWANCE OF CLAIM OF DEDUCTION OR EXPENDITURE OR DUE TO THE ADD ITION MADE ON ACCOUNT OF DEEMING PROVISION BUT THE DEMAND IN THE CASE HAS AR ISEN DUE TO THE ADDITION MADE ON ACCOUNT OF MORE THAN 2 CRORES RUPEES INTROD UCED AS CAPITAL IN THE PARTNERSHIP FIRM. THEREFORE, WE DO NOT FIND IT A F IT CASE FOR GRANT OF STAY AS THE ISSUE INVOLVED IN THE APPEAL IS FACTUAL IN NATU RE AND TO BE DECIDED ONLY ON THOROUGH EXAMINATION AND APPRECIATION OF THE EVIDEN CE, IF ANY PRODUCED BY THE ASSESSEE. HENCE, WE DECLINE TO GRANT STAY AGAI NST THE OUTSTANDING DEMAND, HOWEVER, WE GRANT AN EARLY HEARING OF THE A PPEAL OF THE ASSESSEE AS REQUESTED BY THE LD. A/R. ACCORDINGLY, THE APPEAL O F THE ASSESSEE IS DIRECTED 3 SA NO. 02/JP/2018. SH. AJAY KUMAR GUPTA VS. DCIT, JAIPUR. TO RE-FIX FOR HEARING ON 26/02/2018 IN THE CATEGORY OF OUT OF TURN HEARING, THE DATE OF HEARING ALREADY FIX ON 3/04/2018 STAND PRE- PONED. 6. IN THE RESULT, STAY APPLICATION OF THE ASSESSEE IS REJECTED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/02/2018. SD/- SD/- ( FOE FLAG ;KNO ( JH FOT; IKY JKO] ) (VIKRAM SINGH YADAV) ( VIJAY PAL RAO) YS[KK LNL; /ACCOUNTANT MEMBER U;KF;D LNL; / JUDICIAL MEMBER JAIPUR DATED:- 09/02/2018. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SH. AJAY KUMAR GUPTA, JAIPUR. 2. THE RESPONDENT DCIT, CIRCLE-3, JAIPUR. 3. THE CIT. 4. THE CIT (4), 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (SA NO. 02/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR