SHRI ANIL KUMAR AGARWAL, JAIPUR V. INCOME TAX OFFICER, WARD-3-2, JAIPUR

SA 02/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3768 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 22 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 07-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Assessee Lawyers: S L PODDAR
• Keywords: Application of stay; Reasonable cause
• Section: 147; 144

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 ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM S.A NO. 02/JP/2019 (ARISING OUT OF ITA NO. 1127/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2009-10 SHRI ANIL KUMAR AGARWAL 206, AKSHAT KAILASH, BANIPARK, JAIPUR. CUKE VS. THE ITO, WARD-3(2) JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AJQPA 9280 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI S.L.PODDAR (ADV.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 11/01/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 16/01/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE PRESENT STAY APPLICATION HAS BEEN FILED BY THE ASSESSEE FOR SEEKING STAY AGAINST THE OUTSTANDING DEMAND OF RS. 38,71,720/- ARISING FROM THE ASSESSMENT ORDER PASSED BY THE ASSESSING O FFICER U/S 147 R.W.S. 144 OF THE ACT DATED 26.10.2016 FOR A.Y. 200 9-10. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT WHILE CALCULATING THE TOTAL GROSS RECEIPTS OF THE ASSESSE E, THE ASSESSING OFFICER HAS CONSIDERED THE GROSS RECEIPTS OF M/S LA XMI CREATION OF S.A. NO. 02/JP/2019 SHRI ANIL KUMAR AGARWAL VS. ITO 2 RS. 33,85,466/- AND HAS NOT CONSIDERED THE GROSS RE CEIPTS BOOKED IN ANOTHER CONCERN BY THE NAME OF M/S LAXMI AGENCY AMO UNTING TO RS. 19,23,466/-. IT WAS FURTHER SUBMITTED THAT CERT AIN RECEIPTS AS PER FORM 26AS RELATES TO REIMBURSEMENT OF THE EXPENDITU RE WHICH THE ASSESSEE HAS CLAIMED FROM SUCH RECEIPTS FOR ARRIVIN G AT THE NET GROSS RECEIPTS AS PER ITS FINANCIAL STATEMENTS. IT WAS AC CORDINGLY SUBMITTED THAT THERE IS NO CONCEALMENT OF ANY PARTICULARS ON THE PART OF THE ASSESSEE AND THE MERITS OF THE CASE, THUS, ARE IN F AVOUR OF THE ASSESSEE AND THE ASSESSEE IS HOPEFUL THAT THE APPEAL WILL BE DECIDED IN FAVOUR OF THE ASSESSEE. IT WAS FURTHER SUBMITTED THAT THE ASS ESSEE HAS ALREADY DEPOSITED A SUM OF RS. 7,20,950/- OUT OF TOTAL DEMA ND OF RS. 38,71,720/- AND IT WAS ACCORDINGLY SUBMITTED THAT T HE BALANCE DEMAND MAY BE STAYED TILL DISPOSAL OF THE APPEAL. 3. THE LD. DR IS HEARD WHO HAS OPPOSED THE STAY PET ITION AND SUBMITTED THAT THE ASSESSEE MAY BE DIRECTED TO PAY BALANCE DEMAND IN SUITABLE INSTALLMENTS WITHIN A SPECIFIED TIME FRAME . 4. AFTER HEARING BOTH THE PARTIES AND CONSIDERING T HE MATERIAL AVAILABLE ON RECORD AND GIVEN THE FACT THAT THE ASS ESSEE HAS ALREADY DEPOSITED A SUM OF RS. 7,20,950/- OUT OF TOTAL TAX DEMAND OF RS. 38,71,720/-, THE ASSESSEE IS HEREBY DIRECTED TO DEPOSIT A FURTHER SUM OF RS. 3 LACS ON OR BEFORE 31.01.2019 AND THE B ALANCE DEMAND IS STAYED FOR A PERIOD OF 3 MONTHS OR TILL DISPOSAL OF APPEAL, WHICHEVER IS EARLIER. 5. FURTHER, THE HEARING IN THE MATTER IS ALREADY SC HEDULED FOR 21.02.2019. THE LD AR HAS GIVEN AN UNDERTAKING THAT HE SHALL NOT SEEK S.A. NO. 02/JP/2019 SHRI ANIL KUMAR AGARWAL VS. ITO 3 ANY ADJOURNMENT IN THE MATTER AND WHERE ANY ADJOURN MENT IS SOUGHT WITHOUT SHOWING REASONABLE CAUSE TO THE SATISFACTIO N OF THE BENCH, THE STAY SO GRANTED SHALL STAND VACATED. 6. THE ASSESSEE SHALL SUBMIT THE NECESSARY CHALLAN IN PROOF OF PAYMENT OF THE TAX DEMAND AS DIRECTED ABOVE TO THE ASSESSING OFFICER AS WELL AS A COPY THEREOF TO THE REGISTRY BEFORE TH E NEXT DATE OF HEARING. IN THE RESULT, THE STAY APPLICATION IS DISPOSED OF F IN LIGHT OF ABOVE DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 16/01/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16/01/2019. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI ANIL KUMAR AGARWAL, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD-3(2), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {S.A. NO. 02/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR