Smt. Poonam Tiwari, Kanpur V. Astt. Commissioner of Income Tax-II, Kanpur

SA 09/LKW/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0199 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 27-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 03-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K MISHRA
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. T. S. KAPOOR , ACCOUNTANT MEMBER S.A. NO.09/LKW/2017 [ARISING OUT OF ITA NO. 221/LKW/2017] ASSESSMENT YEAR: 2008 - 09 SMT. POONAM TIWARI E - 185, ADARSH NAGAR BARRA - 1, NEAR SANKATMOCHAN MANDIR KANPUR V. ACIT - II KANPUR T AN /PAN : ACCPT8164E (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI RAKESH GARG, ADVOCATE RESPONDENT BY: SHRI A. K. MISHRA, D.R. DATE OF HEARING: 08 12 201 7 DATE OF PRONOUNCEMENT: 08 12 201 7 O R D E R PER SUNIL KUMAR YADAV: THIS STAY APPLICATION IS FILED ON BEHALF OF THE ASSESSEE WITH A REQUEST FOR STAY OF OUTSTANDING DEMAND OF RS.33,45,380/ - TILL DISPOSAL OF THE APPEAL. 2 . THOUGH THE LD. A.R. OF THE ASSESSEE HAS CO NTENDED THAT THE FINANCIAL POSITION OF THE ASSESSEE IS NOT SOUND, BUT FROM THE DOCUMENTS FILED BY THE ASSESSEE THESE FACTS ARE NOT SO EVIDENT. WE HAVE ALSO CAREFULLY EXAMINED THE ISSUE ON MERIT AND WE FIND THAT THE ASSESSEE DOES NOT HAVE A PRIMA - FACIE CAS E IN HER FAVOUR. WE, THEREFORE, DECLINE TO GRANT STAY. HOWEVER, AS REQUESTED BY THE LD. A.R. OF THE ASSESSEE, S.A. NO.09/LKW/2017 : - 2 - : WE GRANT EARLY HEARING OF THIS MATTER AND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR HEARING ON 14/12/2017. 3 . IN THE RESULT, STAY APPLICATION OF T HE ASSESSEE IS PARTLY ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTIONED PAGE. SD/ - SD/ - [ T. S. KAPOOR ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 8 TH DECEMBER , 201 7 JJ: 0812 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR