Nirmala Realtors Pvt. Ltd., Agra V. Dy. C.I.T., Circle- 4(1), Agra

SA 1/AGR/2011

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0377 (ITAT-AGRA)
• Duration Of Justice: 8 year(s) 2 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Assessee
• Bench Allotted: Not Allotted
• Next Hearing Date: 18-03-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 11-03-2011
• Court: TRIBUNAL
• Assessee Lawyers: VINOD K NAGPAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER S.A. NOS.01, 02 & 03/AGR/2011 (IN ITA NOS.69, 70 & 71/AGR/2011 RESPECTIVELY) ASST. YEARS: 2003-04, 2004-05 & 2006-07 RESPECTIVE LY NIRMALA REALTORS PVT. LTD. VS. DY. COMMISSIONER OF INCOME TAX, 64, SURYA NAGAR, CIRCLE 4(1), AGRA AGRA. (PAN : AAACN 9938 R). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VINOD K. NAGPAL, C.A. RESPONDENT BY : SHRI VINOD KUMAR, JR. D.R. ORDER PER P.K. BANSAL, A.M. : SINCE ALL THESE STAY APPLICATIONS (S.A.) FILED BY T HE ASSESSEE INVOLVE COMMON ISSUE, THEREFORE, THEY ARE BEING DISPOSED OF BY THIS COMMO N ORDER. 2. AT THE TIME OF HEARING, THE LD. A.R. POINTED OUT THAT IN ALL THESE APPEALS A COMMON ISSUE COVERED BY THE DECISION OF SPECIAL BENCH IS INVOLVE D. THE ASSESSEE, THEREFORE, HAS PRIMA FACIE CASE. THE ASSESSEE HAS ALREADY DEPOSITED A SUM OF ` 26,50,000/- AGAINST THE DEMAND OF ` 83,59,370/- FOR ALL THE THREE YEARS. THE ASSESSEE DO NOT HAVE ANY LIQUID FUND TO DEPOSIT THE BALANCE DEMAND. THEREFORE, IT WAS VEHEMENTLY CONTE NDED THAT STAY BE GRANTED TO THE ASSESSEE OR IN CASE STAY IS NOT GRANTED THE APPEALS BE FIXED IN THE NEXT WEEK ITSELF. THE ASSESSEE CAN ARGUE THE CASE EVEN AS ON TODAY. 2 3. THE LD. D.R., ON THE OTHER HAND, VEHEMENTLY CONT ENDED THAT NO STAY BE GRANTED TO THE ASSESSEE. HE DOES NOT HAVE ANY OBJECTION IF THE AP PEALS ARE FIXED ON PRIORITY BASIS. BUT, ON A QUERY FROM THE BENCH, HE ASSURED THAT NO COERCIVE A CTION SHALL BE TAKEN AGAINST THE ASSESSEE IF THE APPEALS ARE DISPOSED OF ON PRIORITY BASIS BY THE TR IBUNAL. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIO NS AND PERUSED THE MATERIAL ON RECORD. WE HAVE NOTED THAT, AGAINST THE DEMAND OF ` 83,59,370/-, THE ASSESSEE HAS ALREADY DEPOSITED A SUM OF ` 26,50,000/-. IN OUR OPINION, THE ASSESSEE HAS A PR IMA FACIE CASE. THE BALANCE OF CONVENIENCE IS ALSO IN FAVOUR OF THE ASSESSEE, BUT SINCE THE LD. D.R. HAS AGREED NOT TO TAKE COERCIVE ACTION IF THE APPEALS ARE HEARD ON PRIORIT Y BASIS, WE, THEREFORE, DISMISS ALL THE THREE S.AS. ON THE CONDITION THAT NO COERCIVE ACTION SHAL L BE TAKEN BY THE DEPARTMENT AGAINST THE ASSESSEE TILL THE DISPOSAL OF THE APPEALS BY THIS T RIBUNAL. ALL THE APPEALS ARE FIXED FOR HEARING ON 24.03.2011 ON PRIORITY BASIS OUT OF TURN. IN CASE THE DEPARTMENT TAKES ANY COERCIVE ACTION, THE ASSESSEE SHALL BE FREE TO MOVE FURTHER S.A. BEFORE US. THE REGISTRY IS DIRECTED TO FIX THESE APPEALS ON 24.03.2011 AS ANNOUNCED IN THE OPEN COUR T. 5. IN THE RESULT, ALL THE S.AS. FILED BY THE ASSESS EE ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 18.03.2011) SD/- SD/- (H.S. SIDHU) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: AGRA DATE: 18 TH MARCH, 2011 3 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY