M/s Radhishwari Devlopers P Ltd, Indore V. Pr CIT -2 Indore, Indore

SA 08/Ind/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0420 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 05-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEB JAIN
• Assessee Lawyers: GAGAN TIWARI A RS
• Keywords: Application of stay; Extension of stay
• Section: 263

Judgement Text

[SP NO.8/IND/2019 [M/S. RADHISHWARI DEVELOPERS P. LTD., INDORE] , , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER SP NO.8/IND/2019 (ARISING OUT OF ITA NO.493/IND/2018) ASSESSMENT YEAR: 2013-14 M/S. RADHISHWARI DEVELOPERS PVT. LTD. F/H-198, SCHEME NO.54, VIJAY NAGAR INDORE / VS. PCIT - II INDORE ( APPELLANT ) ( REVEN UE ) P.A. NO. AAFCR1916A APPELLANT BY SHRI SUMIT NEMA & SHRI GAGAN TIWARI, A.RS RESPONDENT BY SHRI R AJEEB JAIN, S R. DR DATE OF HEARING: 14.2.2019 DATE OF PRONOUNCEMENT: 14.2.2019 / O R D E R PER KUL BHARAT, J.M: BY PRESENT STAY APPLICATION, THE ASSESSEE IS SEEKING EXTENSION OF STAY OF PROCEEDINGS GRANTED VIDE ORDER DATED 19.12.2018 PASSED BY THIS TRIBUNAL PERTAINING TO THE [SP NO.8/IND/2019] [M/S. RADHISHWARI DEVELOPERS P. LTD., INDORE] 2 ASSESSMENT YEAR 2013-14 BEING UNDERTAKEN BY THE A.O. PURSUANT TO THE ORDER DATED 28.3.2018 PASSED U/S 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS THE A CT). 2. LD. SENIOR COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEES APPEAL WAS LISTED FOR HEARING ON 15.1.2019 AND VIDE ORDER DATED 15.1.2019, THE TRIBUNAL WAS PLEASED TO ISSUE DIRECTION TO RESPONDENT TO FILE THE COMPLETE RECORD OF THE PROCEEDINGS OF SEC. 263 OF THE ACT AND DIRECTED THE REGISTRY TO LIST THE MATTER ON 25.1.2019. ON 25.1.20 19, THE MATTER WAS ADJOURNED TO 26.3.2019 AT THE REQUEST OF REVENUE ON THE GROUND THAT LD. DR SOUGHT TIME TO EXAM INE THE PAPER BOOK IN THREE PARTS, FILED BY THE ASSESSEE. THE ASSESSEE HAS COMPLIED WITH ALL THE DIRECTIONS OF THE TRIBUNAL AS MENTIONED IN THE TRIBUNAL ORDER (SUPRA). HOWEVER, THE MATTER COULD NOT BE DISPOSED OFF WITHIN THE SAID PERIOD OF 60 DAYS FOR NO FAULT OF THE ASSESSEE. THEREFORE, LEARNED COUNSEL FOR THE ASSESSEE PRAYED TH AT IN [SP NO.8/IND/2019] [M/S. RADHISHWARI DEVELOPERS P. LTD., INDORE] 3 THE INTEREST OF JUSTICE, THE ONGOING STAY, WHICH IS DUE TO LAPSE ON 17.2.2019, MAY KINDLY BE EXTENDED TILL THE DISPOSAL OF THE APPEAL. 3. ON THE CONTRARY, LD. D.R. OPPOSED THESE SUBMISSIO NS AND SUBMITTED THAT NO PREJUDICE WOULD BE CAUSED TO THE ASSESSEE. 4. ON THE CONTRARY, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS A PRIMA FACIE STRONG CASE AND IF THE PROCEEDINGS ARE NOT STAYED FURTHER, THEN T HE ASSESSEE WOULD BE FORCED TO FACE MULTIPLICITY OF LITI GATION. HE SUBMITTED THAT TO AVOID MULTIPLICITY OF LITIGATION AND IN THE INTEREST OF JUSTICE, THE STAY OF ASSESSMENT PROC EEDINGS MADE IN PURSUANCE TO THE IMPUGNED ORDER MAY BE EXTENDED. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS [SP NO.8/IND/2019] [M/S. RADHISHWARI DEVELOPERS P. LTD., INDORE] 4 OF THE AUTHORITIES BELOW. WE FIND THAT EARLIER, WE HAV E STAYED THE ASSESSMENT PROCEEDINGS OBSERVING AS UNDER: 6. THEREFORE, WE HEREBY DIRECT THE A.O. TO STAY THE ASSESSMENT PROCEEDINGS FOR A PERIOD OF 60 DAYS OR TILL THE DISPOSAL OF PRESENT APPEAL IN ITA NO.493/IND/2018, WHICHEVER IS EARLIER. WE ARE ALSO SUPPORTED BY THE DECISION OF HON'BLE A.P. HIGH COURT RENDERED IN THE CASE OF ITO VS. KHALID MEHDI KHAN (SUPRA). CONSIDERING THE TOTALITY OF THE FACTS, WE DEEM IT NECESSARY THAT HEARING OF APPEAL BE TAKEN UP OUT OF TURN. ACCORDINGLY, THE REGISTRY IS DIRECTED TO FIX THE HEARING OF APPEAL ON 15.01.2019, IN VIEW OF THE HON'BLE PRESIDENTS DIRECTIVE TO DISPOSAL OF STAY GRANTED MATTERS EXPEDITIOUSLY. 6. CONSIDERING THE ABOVE ORDER IN VIEW OF THE FACTS THAT THE APPEAL WAS ADJOURNED TO 26.3.2019 AT THE REQUEST OF REVENUE, THE ASSESSEE HAS COMPLIED WITH ALL THE DIREC TIONS OF THE TRIBUNAL AS MENTIONED IN THE TRIBUNAL ORDER (SU PRA) AND THE MATTER COULD NOT BE DISPOSED OFF WITHIN THE S AID PERIOD OF 60 DAYS FOR NO FAULT OF THE ASSESSEE, WE DE EM IT APPROPRIATE TO EXTEND THE EARLIER STAY FOR FURTHER 90 DAYS [SP NO.8/IND/2019] [M/S. RADHISHWARI DEVELOPERS P. LTD., INDORE] 5 FROM THE DATE 17.2.2019 OR TILL THE DISPOSAL OF PRESE NT APPEAL IN ITA NO.493/IND/2018, WHICHEVER IS EARLIER. 7. IN THE RESULT, THE APPLICATION FOR EXTENSION OF ST AY EARLIER GRANTED IS ALLOWED IN TERMS AS INDICATED HEREINABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 14.2. 2019. SD/- (MANISH BORAD) SD/- (KUL BHARAT) A CCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 14/2/2019 VG/SPS COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUAR D FILE. BY ORDER ASSISTANT REGISTRAR, INDORE