SHWETA KHANDELWAL, Jaipur V. ITO, Jaipur

SA 13/JPR/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3596 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 21-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA
• Assessee Lawyers: MUKESH KHANDEWAL
• Keywords: Unexplained cash credit; Application of stay; Reasonable cause
• Section: 143(3); 68

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKWY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ S.A NO. 13/JP/2017 (ARISING OUT OF ITA NO. 60/JP/2017) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2013-14 SMT. SHWETA KHANDELWAL 203, TIKKARMAL KA RASTA, KISHANPOLE BAZAR, JAIPUR 302001. CUKE VS. THE ITO, WARD-1(4), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ANTPK5196K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI MUKESH KHANDEWAL (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. RAJ MEHRA (J.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 01/12/2017 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 01/12/2017 VKNS'K@ ORDER PER: VIJAY PAL RAO, J.M. BY WAY OF THIS APPLICATION THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND ARISING FROM THE ADDITION MADE B Y THE AO ON ACCOUNT OF UNEXPLAINED CASH CREDIT U/S 68 OF THE AC T WHILE FRAMING ASSESSMENT U/S 143(3) FOR THE A.Y. 2013-14. 2. WE HAVE HEARD THE LD. AR AS WELL AS LD. DR AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE TOTAL DEMAND RAISE D BY THE ASSESSING S.A. NO. 13JP/2017 SMT. SHWETA KHANDEWAL VS. ITO, JAIPUR 2 OFFICER IS RS. 30,90,130/- OUT OF WHICH THE ASSESSE E HAS ALREADY PAID RS. 15,46,000/-. THUS, IT IS CLEAR THAT THE ASSESSE E HAS ALREADY PAID MORE THAN RS. 50% OF THE TOTAL DEMAND RAISED BY THE AO. THE ISSUE OF ADDITION ON ACCOUNT OF UNEXPLAINED CASH CREDIT IS D EBATABLE ISSUE AND REQUIRES A DETAIL EXAMINATION AND ANALYSIS OF THE F ACTS AND THEREFORE, THE SAME CAN BE DETERMINED IN THE APPEAL OF THE ASS ESSEE. THE APPEAL OF THE ASSESSEE IS NOW FIXED FOR HEARING ON 07.12.2 017, HOWEVER, THE LD. AR HAS POINTED OUT THAT DUE TO THE MARRIAGE OF HIS DAUGHTER ON 04.12.2017 IT IS NOT POSSIBLE TO ARGUE THE APPEAL O N 07.12.2017 AND THEREFORE HE HAS REQUESTED FOR POSTPONEMENT ON THE DATE OF HEARING. ON THE OTHER HAND, LD. DR HAS VEHEMENTLY OPPOSED TO THE STAY AND SUBMITTED THAT THE ASSESSEE MAY BE DIRECTED TO PAY THE BALANCE AMOUNT IN INSTALLMENTS AT LEAST. 3. HAVING REGARDS TO THE FACTS AND CIRCUMSTANCES OF THE CASE THAT A DEMAND IN QUESTION WAS RAISED DUE TO THE ADDITION M ADE ON ACCOUNT OF EXPLAINED CASH CREDIT AND FURTHER THE ASSESSEE HAS ALREADY PAID MORE THAN 50% OF THE TOTAL DEMAND WE ARE OF THE CONSIDER ED OPINION THAT THE ASSESSEE HAS MADE OUT PRIMA FACIE A GOOD CASE F OR GRANT OF STAY. ACCORDINGLY WE STAY THE BALANCE DEMAND FOR A PERIOD OF TWO MONTHS OR TILL DISPOSAL OF THE APPEAL OF THE ASSESSEE WHICHEV ER IS EARLIER. THE S.A. NO. 13JP/2017 SMT. SHWETA KHANDEWAL VS. ITO, JAIPUR 3 APPEAL OF THE ASSESSE IS DIRECTED TO BE FIXED FOR H EARING ON 18.12.2017 AS THE DATE CONVENIENT TO THE AUTHORIZED REPRESENTA TIVES OF THE PARTIES. THE EARLIER DATE OF HEARING ON 07.12.2017 STANDS CA NCELLED. IT WAS ALSO BROUGHT TO OUR NOTICE THAT THE AO HAS ATTACHED THE BANK ACCOUNT OF THE ASSESSEE IN THE SBI, KANPUR. IN VIEW OF THE STAY OF RECOVERY OF THE BALANCE OUTSTANDING DEMAND BY US, THE ATTACHMENT OF THE BANK ACCOUNT OF THE ASSESSEE IS DIRECTED TO BE RELEASED AND THE AO TO TAKE NECESSARY STEPS. WE MAKE IT CLEAR THAT THE DATE OF HEARING O F THE ASSESSEES APPEAL IS PRONOUNCED IN THE COURT AND HAS BEEN NOTE D DOWN BY BOTH PARTIES, THEREFORE, NO SEPARATE NOTICE OF HEARING S HALL BE ISSUED. FURTHER IN CASE THE ASSESSEE SEEKS ADJOURNMENT OF HEARING W ITHOUT ANY REASONABLE CAUSE THE STAY GRANTED BY US SHALL STAND VACATED. IN THE RESULT, THE STAY APPLICATION IS ALLOWED. IN ORDER PRONOUNCED IN THE OPEN COURT ON 01/12/2017 SD/- SD/- FOE FLAG ;KNO FOT; IKWY JKO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 01/12/2017. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. SHWETA KHANDELWAL S.A. NO. 13JP/2017 SMT. SHWETA KHANDEWAL VS. ITO, JAIPUR 4 203, TIKKARMAL KA RASTA, KISHANPOLE BAZAR, JAIPUR 3 02001. 2. IZR;FKHZ@ THE RESPONDENT- THE ITO,WARD-1(4), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {S.A. NO. 13/JP/2017} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR