Satna Diocesab society, Satna V. Assistant Commissioner of Income tax ( Exemption) , Raipur

SA 06/RPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3559 (ITAT-RAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 10-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N SINGH JCIT E
• Assessee Lawyers: S R RAO
• Keywords: Charitable institution; Application of stay
• Section: 12A; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER S.A. NO.06/RPR/2019 (ARISING OUT OF ITA NO.124/RPR/2018) ASSESSMENT YEAR : 2014-15 SATNA DIOCESAB SOCIETY, PB NO.22, BISHOP HOUSE, REWA ROAD, SATNA (MP). VS. ACIT (EXEMPTION) RAIPUR (CG). PAN : AABTS2540L (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S. R. RAO, ADV. DEPARTMENT BY : SHRI G. N. SINGH, JCIT (E) DATE OF HEARING : 15-05-2019 DATE OF PRONOUNCEMENT : 15-05-2019 O R D E R PER DR. MITHA LAL MEENA, AM : THE CAPTIONED STAY APPLICATION ARISES FROM ITA NO.124/RPR/2018 INVOLVING THE ASSESSMENT YEAR 2014-15. AS PER THE STAY APPLICATION, THE ASSESSEE REQUESTS THE TRIBUNAL FOR GRANT OF STAY ON THE RECOVERY OF OUTSTANDING BALANCE DEMAND OF RS.22,88,470/- OUT OF TOTAL DEMAND RS.44,74,473/-. THE 2 SA NO.06/RPR/2019 ASSESSEE HAS ALREADY PAID RS.21,75,000/- WHICH CONSTITUTES 50% OF THE DEMAND AS ON DATE OF FILING OF THIS STAY APPLICATION. 2. THE BACKGROUND FACTS OF THE CASE INCLUDE THAT THE ASSESSEE IS A CHARITABLE INSTITUTION FORMED ON 28.04.1973 AND REGISTERED U/S 12A OF THE I.T. ACT, 1961 WITH THE MAIN OBJECT OF IMPARTING EDUCATION, PROVIDING MEDICAL RELIEF, SOCIAL WORK AND DEVELOPMENT ACTIVITIES FOR RURAL POOR. 3. BEFORE US, LD. COUNSEL FOR THE ASSESSEE REQUESTED FOR GRANT OF STAY OF DEMAND AND ALSO REQUESTED FOR GRANT OF EARLY HEARING. THE LD. COUNSEL FURTHER SUBMITTED THAT THE ASSESSEE HAS A FAIR CHANCE OF WINNING BEFORE THE TRIBUNAL, IF AN EARLY HEARING IS GRANTED. 4. ON THE OTHER HAND, LD. DR FOR THE REVENUE PRAYED FOR REJECTION OF THE STAY PETITION AND REQUESTED FOR DIRECTION TO THE ASSESSEE TO PAY ENTIRE DEMAND. 5. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE, WE ARE OF THE OPINION THAT THE APPEAL HAS NOT BEEN HEARD TILL DATE AND THE DELAY IS NOT ATTRIBUTABLE TO THE ASSESSEE ENTIRELY. THE ASSESSEE PRIMA-FACIE HAS GOOD CASE TO MAKE IN APPEAL BEFORE THE TRIBUNAL AND BALANCE OF CONVENIENCE IS ALSO IN FAVOUR OF THE ASSESSEE. 3 SA NO.06/RPR/2019 THEREFORE, WE ARE OF THE VIEW THAT THIS IS A FIT CASE FOR GRANT OF STAY OF OUTSTANDING BALANCE DEMAND OF RS.22,88,470/-. ACCORDINGLY, STAY IS GRANTED IN THIS CASE FOR A PERIOD OF 180 DAYS FROM THIS DATE OR TILL THE DISPOSAL OF THE APPEAL, WHICHEVER IS EARLIER. 6. THE REQUEST OF THE ASSESSEE FOR EARLY HEARING IS GRANTED AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE FOR NEXT TOURING BENCH. ACCORDINGLY, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED. 7. IN THE RESULT, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 15 TH MAY, 2019. SD/- SD /- (PARTHA SARATHI CHAUDHURY) (DR. MITHA LAL MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15-05-2019. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., RAIPUR. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY ITAT, RAIPUR