M/s. RI-Kynjai Serenity, Shillong V. Income Tax Officer, Ward-2, Shillong

SA 15/GTY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0508 (ITAT-GUWAHATI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 07-12-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 195; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI E COURT, AT KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI S.S. VISWANETHRA RAVI, JM] S.A. NO. 15/GAU/2018 (ARISING OUT OF ITA NO. 351/GAU/2018) ASSESSMENT YEARS: 2015-16 RI-KYNJAL SERENITY BY THE LAKE......................APPELLANT C/O M/S. HOTEL CENTRE POINT POLICE BAZAR, SHILLONG, MEGHALAYA 793 001. [PAN : ACBFS 8181 P] ITO, WARD 2, SHILLONG.........................................RESPONDENT APPEARANCES BY: SHRI SANJAY MODI, CA, APPEARING ON BEHALF OF THE ASSESSEE. SHRI PRADIP SENGUPTA, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MARCH 08, 2019 DATE OF PRONOUNCING THE ORDER : MARCH 8 TH , 2019 O R D E R PER S.S. VISWANETHRA RAVI, JM BY THIS STAY APPLICATION, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS8,86,448/- FOR ASSESSMENT YEAR 2015-16. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THE ENTIRE ADDITIONS MADE TO THE TOTAL INCOME OF THE ASSESSEE YEAR UNDER CONSIDERATION GIVING RISE TO THE IMPUGNED OUTSTANDING DEMAND IS DISPUTED BY THE ASSESSEE IN THE APPEAL FILED BEFORE THE TRIBUNAL AND KEEPING IN VIEW THE DECISION OF HONBLE GAUHATI HIGH COURT IN THE CASE OF CIT VS MAHARI & SONS 195 ITR 630, THE ASSESSEE HAS A GOOD PRIMA FACIE CASE TO SUCCEED IN THE SAID APPEAL. THE LEARNED DR, ON THE OTHER HAND, HAS 2 S.A. NO. 15/GAU/2018 (ARISING OUT OF ITA NO. 351/GAU /2018) ASSESSMENT YEARS: 2015-16 RI-KYNJAL SERENITY BY THE LAKE CONTENDED THAT THE SAID DECISION HAS BEEN RENDERED IN THE CASE OF BODY OF INDIVIDUAL AND THE SAME IS THEREFORE NOT APPLICABLE IN THE CASE OF THE ASSESSEE WHICH IS A PARTNERSHIP FIRM. THE LEARNED COUNSEL FOR THE ASSESSEE HAS ALSO SUBMITTED THAT THE ASSESSEE HAS ALREADY PAID 30% OF THE OUTSTANDING DEMAND AS ORIGINALLY RAISED FOR THE YEAR UNDER CONSIDERATION AND KEEPING IN VIEW THE SAME, THE BALANCE DEMAND WHICH IS NOW OUTSTANDING MAY BE STAYED. THE LEARNED DR, IN THIS REGARD, HAS CONTENDED THAT IF AT ALL THE TRIBUNAL IS INCLINED TO GRANT THE STAY IN THE PRESENT CASE, THE ASSESSEE SHOULD BE ASKED TO PAY A FURTHER AMOUNT EQUIVALENT TO AT LEAST 20% OF THE OUTSTANDING DEMAND AS ORIGINALLY RAISED TO MAKE THE TOTAL PAYMENT AT 50%. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND KEEPING IN VIEW ALL THE FACTS OF THE CASE WHICH ARE RELEVANT TO ASCERTAIN THE BALANCE OF CONVENIENCE, WE ARE OF THE VIEW THAT THE OUTSTANDING DEMAND IN THIS CASE FOR THE YEAR UNDER CONSIDERATION CAN BE STAYED SUBJECT A FURTHER PAYMENT OF 15% AGAINST THE OUTSTANDING DEMAND AS ORIGINALLY RAISED BY THE ASSESSEE. WE ACCORDINGLY DIRECT THE ASSESSEE TO MAKE A FURTHER PAYMENT OF 15% AGAINST THE DEMAND AS ORIGINALLY RAISED BY 20 TH MARCH, 2019. SUBJECT TO THE SAID PAYMENT BY THE ASSESSEE, THE REMAINING OUTSTANDING DEMAND FOR THE YEAR UNDER CONSIDERATION IS DIRECTED TO BE KEPT IN ABEYANCE FOR A PERIOD OF 6 MONTHS OR TILL THE DISPOSAL OF THE APPEAL OF THE ASSESSEE WHICHEVER IS EARLIER. THE REGISTRY IS DIRECTED TO FIX THE SAID APPEAL FOR HEARING BEFORE THE NEXT TOURING BENCH / E-COURT. 3 S.A. NO. 15/GAU/2018 (ARISING OUT OF ITA NO. 351/GAU /2018) ASSESSMENT YEARS: 2015-16 RI-KYNJAL SERENITY BY THE LAKE 4. IN THE RESULT, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED IN TERMS INDICATED ABOVE. ORDER PRONOUNCED ON 8 TH MARCH, 2019 SD/- SD/- (P.M. JAGTAP) (S.S.VISWANETHRA RAVI) VICE PRESIDENT JUDICIAL MEMBER DATED: 08/03/2019 S.C, SR. PS COPY OF ORDER FORWARDED TO: 1. RI-KYNJAL SERENITY BY THE LAKE C/O M/S. HOTEL CENTRE POINT POLICE BAZAR, SHILLONG, MEGHALAYA 793 001 2. ITO, WARD 2, SHILLONG 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, GAUHATI BENCHES