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

SA 07/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3665 (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: A
• 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

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. 07/JP/2018 (ARISING OUT OF ITA NO. 857/JP/2017) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15. SHRI MANOJ 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. ADGPM 6126 J 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 TOTALLING TO RS. 45,00,000/- VID E ORDER DATED 18.11.2016. 2. THE LD. AR HAS SUBMITTED THAT THE ASSESSEE HAS A LREADY DEPOSITED RS. 15,00,000/- OF THE TOTAL OUTSTANDING PENALTY DEMAND OF RS. 45,00,000/- AND THE MATTER IS ALREADY LISTED FOR HEARING ON 3 RD APRIL 2018. IT WAS ACCORDINGLY SUBMITTED THAT THE BALANCE DEMAND MAY BE STAYED TIL L DISPOSAL OF THE APPEAL. 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. IT WAS FURTHER SUBMITTED BY THE LD. AR THA T THE MERITS OF THE CASE ARE IN FAVOUR OF THE ASSESSEE AND THE ASSESSEE IS HOPEF UL THAT THE MATTER WOULD BE DECIDED IN ITS FAVOUR. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE HAS PASSING THROUGH GREAT FINANCIAL HARDSHIPS AND THE A SSESSEE HAS NO LIQUID FUNDS TO PAY THE BALANCE DEMAND. IT WAS ACCORDINGLY SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE BALANCE DEMAND MAY KINDLY BE STAYED TILL DISPOSAL OF APPEAL. 3. LD. DR IS HEARD. HE HAS OPPOSED THE STAY PETITIO N AND SUBMITTED THAT INSTEAD OF STAY OF THE BALANCE DEMAND, THE ASSESSEE MAY BE DIRECTED TO DEPOSIT ATLEAST 50% OF THE OUTSTANDING DEMANDS. 4. AFTER HEARING BOTH THE PARTIES AND PERUSED THE M ATTER AVAILABLE ON RECORD, WE FIND THAT THE ASSESSEE HAS ALREADY DEPO SITED 1/3 RD OF THE TOTAL OUTSTANDING DEMAND OF RS. 45,00,000/- AND THE MATT ER IS ALREADY LISTED FOR HEARING ON 3 RD 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. 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 MANOJ 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. 07/JP/2018) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR