Dr. Vinod Bhandari, Indore V. THE DCIT Cir. 2(1), Indore

SA 10/Ind/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0415 (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: 2012-2013
• Appeal Filed On: 07-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Keywords: Principle of natural justice; Application of stay

Judgement Text

VINOD BHANDARI SA NO. 10/IND/2019 1 THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE HON'BLE KUL BHARAT, JUDICIAL MEMBER AND HON'BLE MANISH BORAD, ACCOUNTANT MEMBER S.A. NO. 10/IND/2019 ARISING OUT OF ITA NO.57/IND/2019 ASSESSMENT YEAR 2012-13 SHRI VINOD BHANDARI, :: APPLICANT 21-GF, BHANDARI HOUSE TALKIES, SCHEME NO.54, VIJAY NAGAR, INDORE VS. DCIT-2(1), :: RESPONDENT INDORE PAN: ABNPB6240M APPLICANT BY : SHRI SUMIT NEMA, SR. ADV WITH SHRI GAGAN TIWARI, ADVODATE RESPONDENT BY : SMT. ASHIMA GUPTA, CIT DATE OF HEARING 13 .03 .201 9 DATE OF PRONOUNCEMENT : 13 .03 .201 9 O R D E R PER KUL BHARAT, J.M. THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING STAY OF THE DEMAND OF RS. 2,94,16,690/- FOR THE ASSESSMENT YEAR 2012-13. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT AFTE R FILING THE STAY APPLICATION, RS.44,61,600/- HAS BEEN RECOVERED BY T HE DEPARTMENT VINOD BHANDARI SA NO. 10/IND/2019 2 AGAINST THE DEMAND. LD. COUNSEL FOR THE ASSESSEE FU RTHER STATED THAT THE IMPUGNED ORDER WAS PASSED ON EX-PARTE BASIS WHICH I S ILLEGAL, PERVERSE AND ERRONEOUS AND IF THE SAME IS ALLOWED TO TAKE EF FECT AND IS NOT URGENTLY STAYED THEN IT WILL CAUSE GREAT HARDSHIP T O THE ASSESSEE AS THE SAME WAS PASSED IN VIOLATION OF NATURAL JUSTICE. THE ASSESSEE IS NOT HAVING BANK BALANCE OR LIQUIDITY TO MAKE PAYMENT OF TAX IN DISPUTE. HOWEVER THE SALARY WHICH IS RECEIVED BY THE ASSESSE E FROM BHRC AS PARTNER AND FROM SAIMS AS CONSULTING DOCTOR WORKS O UT TO APPROXIMATELY RS.3 LAKHS PER MONTH, OUT OF WHICH, A SUM DEEMED AP PROPRIATE FROM THE SALARY MAY BE DIRECTED TO BE RECOVERED MONTHLY BASI S. THE DEPARTMENT IS PRESSING FOR THE DEMAND AND IS FORCING TO RECOVER T HE SAME. THE ASSESSEE APPREHENDS THAT A COHESIVE ACTION MAY BE T AKEN FOR THE RECOVERY OF DEMAND. THE ASSESSEE HAD FILED AN APPEA L BEFORE THE TRIBUNAL AGAINST THE ABOVE DEMAND AND IS CONFIDENT IN SUCCEE DING IN THE APPEAL WHICH IS PENDING BEFORE THE TRIBUNAL. THEREFORE, THE ASSESSEE HAS NOW SOUGHT STAY OF DEMAND TILL THE DISPOSAL OF APPEAL B Y THE TRIBUNAL. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESEN TATIVE VEHEMENTLY OPPOSED THE REQUEST OF STAY AND FURTHER SUBMITTED T HAT LOOKING TO THE HUGE DEMAND OUTSTANDING, REQUEST FOR DEPOSIT OF SMA LL AMOUNT SHOULD NOT BE ACCEPTED AND SUBSTANTIAL AMOUNT IS REQUIRED TO BE DEPOSITED WITH. VINOD BHANDARI SA NO. 10/IND/2019 3 4. WE HAVE CAREFULLY EXAMINED THE RECORDS AND FACTS REITERATED IN THE STAY APPLICATION AND ARE INCLINED TO STAY THE DEMAN D FOR SIX MONTHS FROM THE DATE OF THIS ORDER OR DISPOSAL OF THE APPEAL WH ICHEVER EVENT OCCURS EARLIER SUBJECT TO THE FOLLOWING CONDITIONS; (I) RS.10 LAKHS TO BE DEPOSITED BEFORE 31.3.2019. (II) THEREAFTER, RS.1 LAKH TO BE DEPOSITED BEFORE 30 TH OF EVERY MONTH FROM APRIL, 2019 ONWARDS. 5. THE STAY GRANTED TO THE ASSESSEE WILL BE IN OPER ATION ONLY IF THE ASSESSEE FULFILLS THE ABOVE STATED CONDITIONS. THE RELEVANT APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON 04.4.2019 AND A DJOURNMENT SHOULD NOT BE SOUGHT UNLESS FOR ANY UNAVOIDABLE CIRCUMSTAN CES. 6. THE STAY APPLICATION IS DISPOSED OFF ACCORDINGLY SUBJECT TO CONDITIONS HEREINABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 13.03.2 019. SD/- SD/- (MANISH BORAD) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER INDORE: 13 TH MARCH, 2019 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT.REGISTRAR, I.T.A.T., INDORE