SHRI MUKESH MOONDHRA, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

SA 06/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3664 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SEEMA MEENA JCIT DHK
• Assessee Lawyers: S L PODDAR
• Keywords: Application of stay; Reasonable cause
• Section: 154; 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. 06/JP/2018 (ARISING OUT OF ITA NO. 226/JP/2018) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15. SHRI MUKESH MOONDHRA G-5-B, GANGA PATH, DURGA MARG, BANI PARK, JAIPUR. CUKE VS. THE DCIT, CENTRAL CIRCLE-2, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AFMPM 5124 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI S.L PODDAR (ADVOCATE) JKTLO DH VKSJ LS@ REVENUE BY : SMT. SEEMA MEENA (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09.03.2018. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 09/03/2018. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, AM THIS STAY APPLICATION HAS BEEN FILED BY THE ASSESS EE AGAINST THE PENALTY DEMAND RAISED BY THE ASSESSING OFFICER U/S 271AAB O F THE ACT WHICH WAS LATER ON REVISED U/S 154 OF THE ACT TOTALLING TO RS. 30,0 0,000/- VIDE ORDER DATED 18.11.2016. 2. THE LD. AR HAS SUBMITTED THAT THE ASSESSEE HAS A LREADY DEPOSITED RS. 10,00,000/- OF THE TOTAL OUTSTANDING PENALTY DE MAND OF RS. 30,00,000/- AND THE MATTER IS ALREADY LISTED FOR HEARING ON 10 TH APRIL 2018. IT WAS ACCORDINGLY SUBMITTED THAT THE BALANCE DEMAND MAY B E STAYED TILL DISPOSAL OF THE APPEAL. 2 SA NO. 06/JP/2018. SH. MUKESH MOONDHRA VS. DCIT, CENTRAL CIRCLE-2, JAI PUR. 2.1 IT WAS FURTHER SUBMITTED BY THE LD. AR THAT THE PENALTY HAS BEEN ENHANCED FROM 10% TO 30% ON ACCOUNT OF SLIGHT DELAY IN FILING THE RETURN OF INCOME BY 21 DAYS. IT WAS FURTHER SUBMITTED BY THE LD AR THAT THE MERITS OF THE CASE ARE IN FAVOUR OF THE ASSESSEE AND THE ASSE SSEE IS HOPEFUL THAT THE MATTER WOULD BE DECIDED IN ITS FAVOUR. IT WAS FURT HER SUBMITTED THAT THE ASSESSEE IS PASSING THROUGH GREAT FINANCIAL HARDSHI P AND THE ASSESSEE HAS NO LIQUID FUNDS TO PAY THE BALANCE DEMAND. IT WAS ACCO RDINGLY SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE BALANCE DEMAND MAY KIN DLY BE STAYED TILL DISPOSAL OF APPEAL. 3. THE LD. DR IS HEARD. HE HAS OPPOSED THE STAY PE TITION AND SUBMITTED THAT INSTEAD OF STAY OF THE BALANCE DEMAND, THE ASS ESSEE MAY BE DIRECTED TO DEPOSIT ATLEAST 50% OF THE OUTSTANDING DEMAND. 4. AFTER HEARING BOTH THE PARTIES AND PERUSED THE M ATTER AVAILABLE ON RECORD, WE FIND THAT THE ASSESSEE HAS ALREADY DEPOS ITED 1/3 RD OF THE TOTAL OUTSTANDING DEMAND OF RS. 30,00,000/- AND THE MATTE R IS ALREADY LISTED FOR HEARING ON 10 TH APRIL 2018. THE BALANCE DEMAND IS STAYED FOR 3 MO NTHS OR TILL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. IT IS FURTHER DIRECTED THAT THE ASSESSEE SHALL NOT SEEK ANY ADJOURNMENT IN THE MATT ER WITHOUT SHOWING ANY REASONABLE CAUSE TO THE SATISFACTION OF THE BENCH, OTHERWISE THE STAY WOULD STAND VACATED. 3 SA NO. 06/JP/2018. SH. MUKESH MOONDHRA VS. DCIT, CENTRAL CIRCLE-2, JAI PUR. 5. IN THE RESULT, THIS STAY APPLICATION OF THE ASSE SSEE IS DISPOSED OFF WITH THE ABOVE DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 09/03/2018 . SD/- SD/- ( JH FOT; IKY JKO ) ( FOE FLAG ;KNO ( VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL; /ACCOUNTANT MEMBER JAIPUR DATED:- 09/03/2018. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI MUKESH MOONDHRA, JAIPUR. 2. THE RESPONDENT DCIT, CENTRAL CIRCLE-2, JAIPUR. 3. THE CIT. 4. THE CIT (4), 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (SA NO. 06/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR