Shri Lakshmi Ram Thakuria, Guwahati V. Dy. Commissioner of Income Tax, Circle-3, Guwahati

SA 14/GTY/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0140 (ITAT-GUWAHATI)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 27-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEVRAJ SHAH SH
• Assessee Lawyers: CHARU INNOVATION DEPTT
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI E COURT AT KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, JUDICIAL MEMBER] S.A. NO. 14/GAU/2019 (ARISING OUT OF ITA NO. 116/GAU/2019) ASSESSMENT YEAR: 2007-08 SHRI LAXMI RAM THAKURIA..........................APPELLANT PROP: M/S. CHARU ENGINEERING INDUSTRIES & M/S. CHARU INNOVATION DEPTT. & INDUSTRIES, THAKURIS NOVELTY, M.T. ROAD, FOREST GATE, NARENGI, GUWAHATI 781 026. [PAN : ACBPT 9469 P] INCOME TAX OFFICER, WARD-3(2), GUWAHATI..............................RESPONDENT APPEARANCES BY: SHRI DEVRAJ SHAH, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI SANDEEP SENGUPTA, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 17 TH , 2019 DATE OF PRONOUNCING THE ORDER : MAY 23 RD , 2019 O R D E R PER J. SUDHAKAR REDDY, AM:- BY THIS STAY APPLICATION, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS. 2,02,720/- FOR ASSESSMENT YEAR 2007-08. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT, THE ASSESSEE HAS A PRIMA FACIE CASE AS HE IS ENTITLED FOR CLAIM FOR DEDUCTION U/S 80IC OF THE ACT, WHICH WAS WRONGLY REJECTED BY THE ASSESSING OFFICER. HE SUBMITTED THAT THE ASSESSEE HAD PAID 20% OF THE OUTSTANDING DEMAND AS ON 14/03/2019 AND REQUESTED THAT THE BALANCE OUTSTANDING DEMAND BE STAYED AND THE CASE TAKEN UP FOR HEARING ON OUT OF TURN BASIS. 2 S.A. NO. 14/GAU/2019 (ARISING OUT OF ITA NO. 116/GAU/2019) ASSESSMENT YEAR: 2007-08 SHRI LAXMI RAM THAKURIA 2.1. THE LD. D/R SUBMITTED THAT THE ASSESSEE HAS NO PRIMA FACIE CASE AS 10 YEARS HAS LAPSED FROM THE INITIAL YEAR IN WHICH THE DEDUCTION U/S 80-IC OF THE ACT WAS CLAIMED. HE ALSO SUBMITTED THAT NO COERCIVE ACTION WAS TAKEN ON THE ASSESSEE. HE HAD NO OBJECTION FOR THE CASE BEING POSTED FOR EARLY HEARING ON OUT OF TURN BASIS. 3. AFTER HEARING RIVAL CONTENTIONS, WE HOLD AS FOLLOWS:- A) IN OUR VIEW, THE BALANCE OF CONVENIENCE IS NOT IN FAVOUR OF GRANT OF STAY. HENCE WE REJECT THE SAME. B) THE CASE SHALL BE POSTED ON OUT OF TURN BASIS BEFORE THE NEXT TOURING BENCH OR THE NEXT E-COURT, AS THE CASE MAY BE. THE REGISTRY IS DIRECTED ACCORDINGLY. 4. IN THE RESULT, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED IN TERMS INDICATED ABOVE. ORDER PRONOUNCED ON 23 RD MAY, 2019 SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23/05/2019 {SC SR.P.S.} 3 S.A. NO. 14/GAU/2019 (ARISING OUT OF ITA NO. 116/GAU/2019) ASSESSMENT YEAR: 2007-08 SHRI LAXMI RAM THAKURIA COPY OF ORDER FORWARDED TO: 1. SHRI LAXMI RAM THAKURIA PROP: M/S. CHARU ENGINEERING INDUSTRIES & M/S. CHARU INNOVATION DEPTT. & INDUSTRIES, THAKURIS NOVELTY, M.T. ROAD, FOREST GATE, NARENGI, GUWAHATI 781 026. 2. INCOME TAX OFFICER, WARD-3(2), GUWAHATI 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR.P.S./H.O.O. ITAT, GAUHATI BENCHES