SMT. SANTOSH GUPTA, JAIPUR V. INCOME TAX OFFICER, WARD-3-2, JAIPUR

SA 03/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3771 (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: SMC
• Assessment Year: 2014-2015
• 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: 143(3)

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. 03/JP/2019 (ARISING OUT OF ITA NO. 1128/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2014-15 SMT. SANTOSH GUPTA 15, CHANKYAPURI, BEHIND TEEJ HOTEL, BANIPARK, JAIPUR. CUKE VS. THE ITO, WARD-3(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ABRPG 5294 J 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 : 18/01/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 21/01/2019 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 ARISING FROM THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/ S 143(3) DATED 30.12.2016 WHEREIN A DEMAND OF RS. 9,12,647/- HAS BEEN RAISED ON THE ASSESSEE. 2. THE LD. AR OF THE ASSESSEE HAS SUBMITTED THAT TH E MAJOR DEMAND HAS ARISEN ON ACCOUNT OF THE FACT THAT THE ASSESSIN G OFFICER HAS NOT S.A. NO. 03/JP/2019 SMT. SANTOSH GUPTA VS. ITO 2 ACCEPTED THE EXPLANATION OF THE ASSESSEE REGARDING THE SOURCE OF CASH DEPOSIT IN HER BANK ACCOUNT. IT WAS SUBMITTED THAT THE ASSESSEE HAS SOLD A PIECE OF AGRICULTURAL LAND FOR A SUM OF RS. 32,62,500/- WHICH WAS RECEIVED IN CASH AND WHICH WAS DEPOSITED IN HER BAN K ACCOUNT. IN SUPPORT, THE ASSESSEE SUBMITTED A COPY OF AGREEMENT OF SALE EXECUTED ON 23.01.2014 AND EVEN THE STATEMENT OF SHRI DILIP JAIN, THE BUYER OF THE SAID AGRICULTURAL LAND WAS RECORDED BY THE ASSE SSING OFFICER. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE HAS ALREADY DEC LARED THE CAPITAL GAINS ON THE SALE OF AGRICULTURAL LAND AND HAS OFFE RED THE SAME IN HER RETURN OF INCOME UNDER THE HEAD INCOME FROM CAPITA L GAIN, HOWEVER, ASSESSING OFFICER HAS NOT ACCEPTED THE EXPLANATION OF THE ASSESSEE REGARDING THE SOURCE OF CASH DEPOSITS AND HAS MADE AN AMOUNT OF RS. 29,12,500/-. IT WAS FURTHER SUBMITTED THAT OUT OF T OTAL DEMAND OF RS. 9,12,647/-, THE ASSESSEE HAS ALREADY DEPOSITED A SUM OF RS. 2,18,580/- WHICH IS OVER 20% OF THE TOTAL TAX DEMAN D AND IT WAS ACCORDINGLY SUBMITTED THE BALANCE DEMAND MAY BE STA YED 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. HEARD BOTH THE PARTIES AND NOTED THE FACT THAT O UT OF TOTAL DEMAND OF RS 9,12,647, THE ASSESSEE HAS ALREADY DEP OSITED A SUM OF RS. 2,18,580/-. THE ASSESSEE IS HEREBY DIRECTED TO DEPOSIT A FURTHER SUM OF RS. 1 LACS ON OR BEFORE 31.01.2019 AND THE B ALANCE DEMAND IS S.A. NO. 03/JP/2019 SMT. SANTOSH GUPTA VS. ITO 3 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 11.03.2019. THE LD AR HAS GIVEN AN UNDERTAKING THAT HE SHALL NOT SEEK 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 21/01/2019. 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:- 21/01/2019. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. SANTOSH GUPTA, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-3(2), JAIPUR. 3. VK;DJ VK;QDR@ CIT S.A. NO. 03/JP/2019 SMT. SANTOSH GUPTA VS. ITO 4 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. 03/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR