M/s Jammu and Kashmir State Power Development Corporation Ltd, Srinagar V. Assistant Commissioner of Income Tax, Srinagar

SA 12/ASR/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3281 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 20-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 24-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S KANWAL
• Assessee Lawyers: DILIP KEUL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. T .S. KAPOOR, ACCOUNTANT MEMBER AN D SH. N. K. CHOUDHRY, JUDICIAL MEMBER STAY APPLICATION NO.12/(ASR)/2016 (ARISING OUT OF ITA NO.339/(ASR)/2016) ASSESSMENT YEAR: 2011-12 PAN: AAACJ9770H JAMMU & KASHMIR STATE POWER DEVELOPMENT CORPORATION LTD., SRINAGAR. VS. ASST. CIT, CIRCLE-3, SRINAGAR. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. DILIP KEUL (C.A ) RESPONDENT BY: SH. S. S. KANWAL (D.R.) DATE OF HEARING: 17.10.2017 DATE OF PRONOUNCEMENT: 23.11.20 17 ORDER PER T. S. KAPOOR : THIS STAY APPLICATION HAS BEEN FILED BY THE ASSESSE E AGAINST THE DEMAND CREATED BY DEPARTMENT ON ACCOUNT OF LEVY OF PENALTY U/S 271(1) (C ) OF THE ACT. 2. AT THE TIME OF HEARING OF THE STAY APPLICATION, THE LD. AR INVITED OUR ATTENTION TO THE FACT THAT THE HONBLE HIGH COU RT OF JAMMU & KASHMIR IN WRIT PETITION NO.1698/2016 HAS ALREADY G RANTED STAY IN THE ABOVE MATTER TILL THE APPEAL IS DECIDED BY THIS HON BLE TRIBUNAL AND ALSO INVITED OUR ATTENTION TO COPY OF THE ORDER OF HONB LE HIGH COURT IN THIS REGARD. AND IN VIEW OF THE ABOVE, IT WAS SUBMITTED THAT THE PRESENT STATE APPLICATION HAS BECOME INFRUCTUOUS. S. A. NO.12/(ASR)/2016 (ARISING OUT OF I TA NO. 339/ASR/2016 ASST. YEAR: 2011-12 2 3. THE LD. DR, CONCEDED THAT THE DEMAND HAS ALREADY BEEN STAYED BY HONBLE HIGH COURT. 4. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GON E THROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE HONBLE J&K HIGH COURT VIDE ITS ORDER DATED 07.12.2016 IN WRIT PETITION NO.1698/2016 HAS ALREADY GRANTED STAY. IN VIEW OF THE ABOVE, THE PRESENT STAY APPLICATION HAS BECOME INFRUCTUOUS, AND THEREFORE, DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.11.2017 . SD/- SD/- (N. K. CHOUDHRY) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23.11.2017. /GP/SR.PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER