Mahesh Singh Patel, Lucknow V. Asstt. Commissioner of Income Tax, Lucknow

SA 11/LKW/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0226 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 27-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 15-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SWETA MITTAL ACA
• Keywords: Search and seizure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER S.P. NOS. 11 & 12/LKW/2018 [IN ITA NO. 423 & 424/LKW/2014] ASSESSMENT YEAR: 2007 - 08 & 2008 - 09 MAHESH SINGH PATEL HIG - 114, SECTOR E, ALIGANJ LUCKNOW V. ACIT CENTRAL CIRCLE I LUCKNOW T AN /PAN : AEDPP6032J (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SMT. SWETA MITTAL, ACA RESPONDENT BY: SHRI AJAY KUMAR, D.R. DATE OF HEARING: 23 0 3 201 8 DATE OF PR ONOUNCEMENT: 23 0 3 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THESE STAY PETITIONS ARE PREFERRED BY THE ASSESSEE FOR STAY ING THE DEMAND RAISED BY THE DEPARTMENT. 2 . AT THE TIME OF HEARING, WE WERE APPRISED THE POSITION BY THE LD. A.R. OF THE ASSESS EE THAT THE MATTER RELATES TO SEARCH AND SEIZURE OPERATION FOR SEVEN YEARS I.E. 200 3 - 04 TO 2009 - 10 AND TOTAL DEMAND WAS OF RS.46 8.97 CRORES. OUT OF THIS TOTAL DEMAND, THE OUTSTANDING REMAIN S RS.157.5 6 CRORES. WE FIND THAT THE ASSESSEE HAS PAID 66% OF THE TOTAL TAX DEMAND I F ALL THESE SEVEN YEARS ARE TAKEN IN TOTALITY. 3 . THE LD. D.R. CONTENDED THAT SINCE THE MATTER RELATES TO SEARCH AND SEIZURE OF SEVEN YEARS , THE SAME CAN BE TAKEN INTO CONSIDERATION TOGETHER FOR DETERMINING THE TOTAL AMOUNT OF TAX PAID AN D TOTAL AMOUNT S.P. NOS. 11 & 12/LKW/2018 PAGE 2 OF 2 OF TAX PAYABLE. THE LD. D.R. FURTHER STATED THAT IF INDIVIDUALLY TWO YEARS UNDER CONSIDERATION IS TAKEN, WHOLE OF THE DEMAND RAISED BY THE DEPARTMENT IS DUE BUT IF SEVEN YEARS ARE TAKEN TOGETHER, THEN ASSESSEE HAS PAID 66% OF THE TOTAL TAX DEMAND. 4 . WE FIND THAT AS STATED BY THE LD. A.R. OF THE ASSESSEE , ALL THESE APPEALS FOR SEVEN YEARS ARE FIXED BEFORE US AND THE FACTS ON RECORD IS THAT IT RELATES TO SEARCH AND SEIZURE AND , THEREFORE , TAKING TOTALITY OF THE FACTS INTO CONSIDERATION, THE LD . D.R. HAS ACCEPTED THAT PAYMENT OF 66% OF THE TOTAL TAX DEMAND HAS BEEN PAID BY THE ASSESSEE. IN THIS VIEW OF TH E MATTER, WE GRANT STAY OF THE REMAINING DEMAND FOR A PERIOD OF THREE MONTHS OR TILL DISPOSAL OF APPEAL S WHICHEVER IS EARLIER. ACCORDINGLY , T HE STAY IS GRANTED TO THE ASSESSEE. 5 . IN THE RESULT, STAY PETITIONS OF THE ASSESSEE ARE ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 23 / 0 3 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23 RD MARCH , 201 8 JJ: 2303 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR