K.N. Agro Tech (P) Ltd., Hardoi V. Income Tax Officer-3(2), Hardoi

SA 08/LKW/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0219 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 27-06-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 05-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: WHATEVER AMOUNT APPLICANT
• Keywords: Application of stay
• Section: 271(1)(c)

Judgement Text

S.A. NO.08/LKW/2018 IN I.T.A. NO.651/LKW/2015 ASSESSMENT YEAR:2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER STAY APPLICATION NO.08/LKW/2018 (IN ITA NO.651/LKW/2015) ASSESSMENT YEAR:2012-13 M/S K. N. AGROTECH (P) LTD., VILL & POST KACHHAUNA, HARDOI. PAN:AAECK 2220 M VS. INCOME TAX OFFICER - 3(2), HARDOI. (APPLICANT) (RESPONDENT) O R D E R PER T. S. KAPOOR, A.M. THIS STAY APPLICATION HAS BEEN FILED BY THE ASSESS EE FOR STAY OF DEMAND AMOUNTING TO RS.1,52,95,341/-. 2. AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSING OFFICER HAD MADE AN ADDITION OF RS. TWO C RORE AND HAS ALSO IMPOSED PENALTY U/S 271(1)(C) OF THE ACT AND THE AP PEAL OF THE ASSESSEE WAS FIXED FOR HEARING ON 17/04/2018. IT WAS SUBMIT TED THAT THE DEPARTMENT IS FORCING THE ASSESSEE TO PAY THE DEMAND WHICH THE ASSESSEE IS NOT IN A POSITION TO PAY DUE TO THE POOR FINANCIAL CONDITION . IT WAS SUBMITTED THAT THE BANK ACCOUNTS OF THE ASSESSEE WERE ATTACHED AND WHATEVER THE AMOUNT APPLICANT BY SHRI SANJAY SAXENA, C.A. RESPONDENT BY CH. ARUN KUMAR SINGH, D.R. DATE OF HEARING 16/03/2018 DATE OF PRONOUNCEMENT 19 / 03 /201 8 S.A. NO.08/LKW/2018 IN I.T.A. NO.651/LKW/2015 ASSESSMENT YEAR:2012-13 2 WAS LYING IN THOSE ACCOUNTS WAS TAKEN AWAY BY THE D EPARTMENT. LEARNED A. R. FURTHER STATED THAT THE ASSESSEE HAD OFFERED ITS PROPERTIES TO THE DEPARTMENT FOR ATTACHMENT BUT THE DEPARTMENT IS FOR CING THE ASSESSEE TO PAY THE OUTSTANDING DEMAND AND THEREFORE, IT WAS PR AYED THAT THE DEMAND OF THE REVENUE MAY BE STAYED. 3. LEARNED D. R., ON THE OTHER HAND, FORCEFULLY OPP OSED THE STAY APPLICATION AND SUBMITTED THAT THE APPEAL OF THE AS SESSEE IS NOW FIXED FOR HEARING ON 17/04/2018 AND THEREFORE, THE APPEAL OF THE ASSESSEE MAY BE DECIDED INSTEAD OF STAYING THE DEMAND AND INSTEAD T HE ASSESSEE SHOULD BE ASKED TO PAY A PART OF DEMAND. 4. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE T HROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE ASSESSEE HAD FI LED APPEAL ON 14/10/2015 AND ON VARIOUS DATES THE ASSESSEE TOOK ADJOURNMENT AND ON VARIOUS THE ASSESSEE WAS NOT PRESENT. FOR EXAMPLE WHEN THE CAS E WAS FIXED FOR 05/12/2017, NOBODY HAD APPEARED ON BEHALF OF THE AS SESSEE AND THEREFORE, THE CASE WAS ADJOURNED TO 24/01/2018 ON WHICH DATE THE BENCH DID NOT FUNCTION AND THEREFORE, THE CASE WAS ADJOURNED TO 2 8/02/2018. ON 28/02/2018, AGAIN ON THE REQUEST OF THE ASSESSEE, T HE MATTER WAS ADJOURNED TO 17/04/2018. FROM THESE FACTS NOTED IN THE APPEAL FILE, WE OBSERVE THAT THE ASSESSEE HAS NOT BEEN SERIOUSLY PU RSUING ITS APPEAL AND AFTER A PERIOD OF ABOUT THREE YEARS THE ASSESSEE HA D MOVED THE STAY APPLICATION FOR STAY OF DEMAND WHICH IS NOT JUSTIFI ED. WE FURTHER FIND FROM THE ARGUMENTS OF LEARNED A. R. THAT THE ASSESSEE IS NOT IN A POSITION TO PAY EVEN A FRACTION OF THE DISPUTED AMOUNT AS WHATEVER AMOUNT WAS AVAILABLE IN THE BANK ACCOUNT OF THE ASSESSEE WAS ALREADY TAKEN AWAY BY THE DEPARTMENT AND IN VIEW OF THESE FACTS AND CIRCUMSTA NCES, WE DO NOT FIND ANY MERIT IN THE CONTENTION OF THE ASSESSEE FOR STA Y OF DEMAND. MOREOVER, S.A. NO.08/LKW/2018 IN I.T.A. NO.651/LKW/2015 ASSESSMENT YEAR:2012-13 3 THE APPEAL OF THE ASSESSEE IS FIXED FOR HEARING ON 17/04/2018 ON WHICH DATE THE ASSESSEE SHOULD NOT TAKE ANY ADJOURNMENT AND SH OULD ARGUE THE APPEAL SO THAT ITS CASE MAY BE DECIDED. IN VIEW OF THE A BOVE, THE STAY APPLICATION OF THE ASSESSEE STANDS DISMISSED. 5. IN THE RESULT, THE STAY APPLICATION OF THE ASSES SEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 19/03/2018) SD/. SD/. (PARTHA SARATHI CHAUDHURY) ( T. S. KAPOOR ) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED:19/03/2018 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. R EGISTRAR