Jeramanbhai Diyalbhai Bodra, Surat V. Income tax Officer Ward-2(1)(3), Surat

SA 12/SRT/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8887 (ITAT-SURAT)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 11-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B P K
• Keywords: Application of stay; Extension of stay

Judgement Text

JERAMANBHAI DIYALBHAI. VS. I.T.O, WARD-3(3)(2)/STAY PETITION NO.12/SRT/2019 A.Y.2013-14 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT . , . . , BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER STAY PETITION NO.12/SRT/2019 ARISING OUT OF . . ./I.T.A NO.177/SRT/2018 /ASSESSMENT YEAR : 2013-14 JERAMBHAI DIYALBHAI BODRA, B - 9, PANCHDEV SOCIETY, HIRABAUG, VARACHHA, SURAT [PAN: ACVPP4513G] V S . INCOME TAX OFFICER, WARD-3(3)(2) APPELLANT /RESPONDENT /ASSESSEE BY SHRI . MEHUL SHAH, CA /REVENUE BY SHRI . B.P.K PANDA, LD. SR. DR / DATE OF HEARING: 20.02.2019 /PRONOUNCEMENT ON 26 .02.2019 /O R D E R PER KUL BHARAT, JUDICIAL MEMBER: 1. THIS IS AN APPLICATION BY THE ASSESSEE SEEKING EXTENSION OF STAY WHICH WAS EXPIRED ON 31.01.2019. THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE SUBMISSION AS MADE IN THIS APPLICATION SEEKING STAY OF DEMAND. THE CONTENTION OF THE ASSESSEE ARE AS UNDER: 1. THE APPLICANT HAS EVERY CHANCE OF WINNING THE APPEAL BOTH ON LEGAL AS WELL AS ON FACTUAL GROUNDS. 2. THE ASSESSEE HAS FILED STAY APPLICATION BEFORE THE LD. PRINCIPAL CIT-III, SURAT ON27.02.2018 WHICH IS PENDING. 3. THE ASSESSEE IS FACING SEVERE LIQUIDITY CRISIS AND REPAYMENT OF ABOVE DEMAND IS BEYOND ITS CAPACITY. 4. THE ASSESSEE HAS FILED APPEAL BEFORE THE HONBLE ITAT WITHIN TIME AND THE SAME IS PENDING BEFORE THE HONBLE TRIBUNAL. JERAMANBHAI DIYALBHAI. VS. I.T.O, WARD-3(3)(2)/STAY PETITION NO.12/SRT/2019 A.Y.2013-14 PAGE 2 OF 2 2. LD. DR OPPOSED SUBMISSIONS, HOWEVER HE COULD NOT CONTRADICT THE FACT THAT THE STAY WAS GRANTED VIDE ORDER DATED 12.10.2018. IT IS ALSO TRANSPIRED FROM THE RECORDS THAT THE APPEAL WAS HEARD ON 10.10.2018 AND WAS RELEASED ON 24.12.2018 SINCE ONE OF THE MEMBERS OF THE TRIBUNAL WAS TRANSFERRED OUT. THE CONTENTION OF THE ASSESSEE IS THAT THE DELAY IN DISPOSAL OF THE PROCEEDINGS ARE NOT ATTRIBUTED TO THE ASSESSEE. 3. AFTER CONSIDERING THE FACTS ON RECORD WE ARE OF THE VIEW THAT THE ASSESSEE HAS MADE OUT A CASE OF EXTENSION OF STAY. WE THEREFORE, GRANT STAY OF OUTSTANDING DEMAND FOR 90 DAYS OR THE DISPOSAL OF APPEAL WHICHEVER IS EARLIER. 4. IN THE RESULT, THE APPLICATION IS ALLOWED. 5. THE ORDER PRONOUNCED IN THE OPEN COURT ON 26.02.2019 SD/- SD/- (O.P.MEENA) (KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER / SURAT, DATED: 26 TH FEBRUARY,2019/ S. SAMANTA/ PS COPY OF ORDER FORWARDED TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT