SHRI AJAY KUMAR GUPTA, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

SA 08/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3653 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 08-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Keywords: Application of stay
• 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 VK;DJ VIHY LA- @ S.A NO. 08/JP/2018 (ARISING OUT OF ITA NO. 143/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2014-15 SHRI AJAY KUMAR GUPTA D-160, GANGA PATH, KABIR MARG, BANIPARK, JAIPUR. CUKE VS. THE DCIT, CIRCLE-3, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ACBPG 8729 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI MUKESH KHANDELWAL (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 16/03/2018 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 16/03/2018 VKNS'K@ ORDER PER: VIJAY PAL RAO, J.M. BY WAY OF THIS APPLICATION THE ASSESSEE IS SEEKING STAY AGAINST THE OUTSTANDING DEMAND OF RS. 90,77,090/- ARISING FROM THE ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT. 2. WE HAVE HEARD THE LD. AR AS WELL AS LD. DR AND C ONSIDERED THE RELEVANT MATERIAL ON RECORD. WE NOTE THAT THIS IS S ECOND APPLICATION OF THE ASSESSEE FOR SEEKING STAY AND THE FIRST APPLICA TION IN S.A NO. S.A. NO. 08/JP/2018 SHRI AJAY KUMAR GUPTA VS. DCIT 2 02/JP/2018 WAS DISPOSED OFF BY THIS TRIBUNAL VIDE O RDER DATED 09.02.2018 BY OBSERVING IN PARA 5 AS UNDER:- 5. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND CAREFUL LY PERUSAL OF RECORD, WE NOTE THAT THE DEMAND IN THIS CASE HAS ARISEN DUE TO THE ADDITION OF 2.10 CRORES ON ACCOUNT OF CAPITAL I NTRODUCED IN THE PARTNERSHIP FIRMS. THE AO AND CIT(A) HAS HELD THAT THE ASSESSEE HAS FAILED TO EXPLAIN THE SOURCE OF THE SAID AMOUNT . THUS, THIS IS NOT A CASE OF DEMAND ARISING FROM DISALLOWANCE OF C LAIM OF DEDUCTION OR EXPENDITURE OR DUE TO THE ADDITION MAD E ON ACCOUNT OF DEEMING PROVISION BUT THE DEMAND IN THE CASE HAS ARISEN DUE TO THE ADDITION MADE ON ACCOUNT OF MORE THAN 2 CROR ES RUPEES INTRODUCED AS CAPITAL IN THE PARTNERSHIP FIRM. THER EFORE, WE DO NOT FIND IT A FIT CASE FOR GRANT OF STAY AS THE ISS UE INVOLVED IN THE APPEAL IS FACTUAL IN NATURE AND TO BE DECIDED ONLY ON THOROUGH EXAMINATION AND APPRECIATION OF THE EVIDENCE, IF AN Y PRODUCED BY THE ASSESSEE. HENCE, WE DECLINE TO GRANT STAY AGAIN ST THE OUTSTANDING DEMAND, HOWEVER, WE GRANT AN EARLY HEAR ING OF THE APPEAL OF THE ASSESSEE AS REQUESTED BY THE LD. A/R. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DIRECTED TO RE-FIX FO R HEARING ON 26/02/2018 IN THE CATEGORY OF OUT OF TURN HEARING, THE DATE OF HEARING ALREADY FIX ON 03/04/2018 STAND PRE-PONED. THUS, IT IS CLEAR THAT THAT THE TRIBUNAL DECLINED T O GRANT STAY AGAINST OUTSTANDING DEMAND THOUGH THE EARLY HEARING WAS GRA NTED AND THE HEARING OF THE APPEAL WAS PRE-PONED TO 26.02.2018. THUS, TO PROTECT THE INTEREST OF THE ASSESSEE THE TRIBUNAL PRE-PONED THE HEARING FROM 03.04.2018 TO 26.02.2018. HOWEVER, ON 26.02.2018 TH E ASSESSEE SOUGHT ADJOURNMENT AND THE HEARING OF THE MATTER WA S ADJOURNED TO 27.03.2018. THEREFORE, IT IS APPARENT FROM RECORD T HAT THE ASSESSEE IS S.A. NO. 08/JP/2018 SHRI AJAY KUMAR GUPTA VS. DCIT 3 NOT INTERESTED IN EARLY DISPOSAL OF THE APPEAL AND THE DELAY IN HEARING AND DISPOSAL OF THE APPEAL IS ATTRIBUTABLE TO ASSES SEE. IN THE PRESENT STAY APPLICATION THE ASSESSEE HAS SUBMITTED THAT TH E AO HAS ATTACHED BANK ACCOUNT OF THE ASSESSEE. SINCE, THE ASSESSEE I TSELF IS RESPONSIBLE FOR DELAY IN HEARING AND DISPOSAL OF THE APPEAL THE REFORE, MERELY BECAUSE THE BANK ACCOUNT OF THE ASSESSEE IS ATTACHE D BY THE AO FOR RECOVERY OF OUTSTANDING DEMAND WILL NOT MAKE IT FIT CASE FOR GRANT OF STAY. THE TRIBUNAL HAS ALREADY REJECTED THE STAY AN D GRANTED THE EARLIER HEARING THEREFORE, WE DO NOT FIND ANY SUBSTANCE IN THE PRESENT STAY APPLICATION. IN THE RESULT, THE STAY APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/03/2018. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16/03/2018. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI AJAY KUMAR GUPTA, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- THE DCIT, CIRCLE-3, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) S.A. NO. 08/JP/2018 SHRI AJAY KUMAR GUPTA VS. DCIT 4 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {S.A. NO. 08/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR