R.S. Pabbla Constructions Pvt.Ltd., Visakhapatnam V. The Dy. CIT, Visakhapatnam

SA 1/VIZ/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3858 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 23-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: K J D SRINIVAS
• Keywords: Application of stay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER S.P .NO. 01 /VIZ/201 7 (ARISING OUT OF I.T.A. NO.88/VIZ/2017) ( / ASSESSMENT YEAR: 20 1 4 - 1 5 ) R.S.PABBLA CONSTRUCTIONS PVT. LTD., PLOT NO.102, SAIKUTEER VISAKHAPATNAM [PAN :AACCR6632C] VS. DY.COMMISSIONER OF INCOME TAX CIRCLE - 4(1) VISAKHAPATNAM ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI K .J.D.SRINIVAS , A R / RESPONDENT BY : S MT.SUMAN MALIK , D R / DATE OF HEARING : 0 1 . 0 4 . 201 9 / DATE OF PRONOUNCEMENT : 01 .0 4 . 201 9 / O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER: THE ASSESSEE FILED STAY PETITION IN THIS CASE ON 22.02.2017, REQUESTING FOR STAY OF DEMAND OF RS.3,18,14,099/ - . IN THE INSTANT CASE, THE ASSESSMENT WAS COMPLETED ON TOTAL AMOUNT OF RS.9,92,45,480/ - WHICH RESULTED IN THE DEMAND OF RS.3,29,46,440/ - . THE A DDITION MADE BY THE AO WAS CONFIRMED BY THE COMMISSIONER OF INCOME TAX (APPEALS) [CIT(A)], HENCE, THE ASSESSEE 2 S.P . NO . 01 /VIZ/201 7 R.S.PABBLA CONSTRUCTIONS , VISAKHAPATNAM FILED APPEAL BEFORE THIS TRIBUNAL CHALLENGING THE ORDER OF THE LD. CIT(A) AND ALSO FILED STAY PETITION SEEKING STAY OF DEMAND. 2. DURING THE APP EAL HEARING, THE LD.AR WAS ASKED TO SUBMIT THE FINANCIAL POSITION OF THE ASSESSEE. IT IS OBSERVED FROM THE RECORD THAT THE ASSESSEE IS SEEKING THE ADJOURNMENTS CONTINUOUSLY INSTEAD OF FILING THE REQUISITE INFORMATION. THIS TRIBUNAL HAS GRANTED THE ADJ OURNMENT ON 13 OCCASIONS FROM 20.03.2017 TO 01.04.2019. EVEN AFTER TWO YEARS OF FILING THE STAY PETITION, THE LD.AR DID NOT FURNISH THE REQUIRED INFORMATION. THEREFORE, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSEE HAS NO CASE FOR GRANT OF STAY, ACCORDI NGLY THE SAME IS REJECTED. 3. IN THE RESULT, STAY PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST APRIL, 2019. SD/ - SD/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 01 .0 4 .2019 L.RAMA, SPS 3 S.P . NO . 01 /VIZ/201 7 R.S.PABBLA CONSTRUCTIONS , VISAKHAPATNAM / COPY OF THE ORDER FORWARDED TO: - 1. / THE ASSESSEE - R.S.PABBLA CONSTRUCTIONS PVT. LTD.,PLOT NO.102, SAIKUTEER, VISAKHAPATNAM 2. / THE REVENUE DY.COMMISSIONER OF INCOME TAX, CIRCLE - 4(1) , VISAKHAPATNAM 3. THE COMMISSIONER OF INCOME TAX - 2 , VISAKHAPATNAM 4. THE COMMISSIONER OF INCOME - TAX (APPEALS) - 2 , VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM