Rajeev Majumdar, Bhopal V. DCIT(Central)-1, Bhopal

SA 09/Ind/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0403 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 17 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: 07-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C SELVAMANI
• Assessee Lawyers: S S DESHPANDE
• Keywords: Application of stay
• Section: 234B

Judgement Text

RAJEEV MAZUMDAR SA NO. 09/IND/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE HON'BLE V. DURGA RAO, JUDICIAL MEMBER AND HON'BLE MANISH BORAD, ACCOUNTANT MEMBER S.A. NO. 09/IND/2019 ARISING OUT OF I.T(SS) NO. 203/IND/2018 ASSESSMENT YEAR: 2013-14 SHRI RAJEEV MAZUMDAR, :: APPLICANT A-44, AAKRITI GARDEN, NEHRU NAGAR, BHOPAL. VS. DEPUTY COMMISSIONER OF :: RESPONDENT INCOME TAX, CENTRAL (1), BHOPAL PAN: ACUPM9880C APPLICANT BY : SHRI S . S . DESHPANDE, C.A. RESPONDENT BY : SHRI K.C. SELVAMANI, SR.DR DATE OF HEARING 20.02 .201 9 DATE OF PRONOUNCEMENT : 20.02 .201 9 O R D E R PER MANISH BORAD, A.M. THIS STAY APPLICATION IS FILED BY THE ASSESSEE SEEK ING STAY OF THE DEMAND OF RS. 34,04,964/- FOR THE ASSESSMENT YEAR 2 013-14 INCLUDING INTEREST U/S 234B & 234C. RAJEEV MAZUMDAR SA NO. 09/IND/2019 2 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASS ESSEE HAD FILED AN APPEAL BEFORE THE HON'BLE TRIBUNAL ON 24.1 2.2018 AGAINST THE ADDITION OF RS.87,60,000/- FOR ASSESSMENT YEAR 2013-14 MADE BY THE LD.A.O AND CONFIRMED BY LD. CIT(A). AGAINST THE DEMAND FOR TAX AND INTEREST OF RS. 40,05,840/- THE ASSESSEE HA D ALREADY PAID RS. 6,00,876/-. THE DEPARTMENT IS PRESSING FOR THE PAYMENT OF BALANCE DEMAND. LD. COUNSEL FOR THE ASSESSEE FURTHE R SUBMITTED THAT THE APPEAL IS PENDING BEFORE THE TRIBUNAL FOR HEARING AND PRAYED FOR AN EARLY HEARING AND STAY OF DEMAND TILL THE DISPOSAL OF THE APPEAL. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE ARGUED AND OPPOSED THE STAY APPLICATION. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORDS PLACED BEFORE US. WE FIND THAT THE PRESENT STAY APP LICATION IS FOR THE STAY OF DEMAND OF RS. 34,04,964/-. CONSIDERING THE RIVAL SUBMISSIONS, WE ARE OF THE CONSIDERED VIEW THAT THE PRESENT STAY APPLICATION DESERVES TO BE ALLOWED SUBJECT TO THE C ONDITION THAT THE ASSESSEE WOULD PAY A SUM OF RS.4,00,000/- WITHIN A WEEK FROM THE RAJEEV MAZUMDAR SA NO. 09/IND/2019 3 DATE OF RECEIVING THE STAY ORDER. SUBJECT TO THE AF ORESAID CONDITION, THE IMPUGNED DEMAND SHALL REMAIN STAYED FOR 90 DAYS OR TILL THE DISPOSAL OF APPEAL, WHICHEVER EVENT OCCURS EARLIER. 5. FURTHER THE REGISTRY IS DIRECTED TO FIX RELEVANT APPEAL NO. IT(SS) NO.203/IND/2018 FOR HEARING ON OUT OF TURN BASIS ON 19.3.2019, FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED TO BOTH TH E PARTIES. 6. THE STAY APPLICATION IS DISPOSED OFF ACCORDINGLY SUBJECT TO CONDITION HEREINABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 20.02.2 019. SD/- SD/- (V. DURGA RAO) (MANISH BORAD) JUDICIAL MEMBER ACCOU NTANT MEMBER INDORE: 20 TH FEBRUARY, 2019 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT.REGISTRAR, I.T.A.T., INDORE