NARENDRA KUMAR CHATURVEDI, Hindaun City V. ITO, Sawai Madhopur

SA 15/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3783 (ITAT-JAIPUR)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 13-02-2019
• Court: TRIBUNAL

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 JES'K LH- 'KEKZ] YS[KK LNL; ,O A H JH FOT; IKY JKWO] U;KF;D LNL; DS LE{K BEFORE: SHRI RAMESH C. SHARMA, AM & SHRI VIJAY PAL RAO, JM S.A. NO. 15/JP/2019 (ARISING IN VK;DJ VIHY LA- @ ITA NO. 170/JP/2015) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2006-07. SHRI NARENDRA KUMAR CHATURVEDI PROP. VISHU MOTORS, HINDAUN CITY. CUKE VS. THE INCOME TAX OFFICER, SAWAI MADHOPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ABSPC 5327 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI S.L. PODDAR (ADVOCATE) JKTLO DH VKSJ LS@ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 29.03.2019. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 29/03/2019. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. BY WAY OF THIS APPLICATION, THE ASSESSEE IS SEEKIN G STAY AGAINST THE OUTSTANDING DEMAND OF RS. 37,52,213/-. THE LD. A/R OF THE ASSESSEE SUBMITTED THAT THE AO HAS MADE THE ADDITION OF RS. 34.23 LACS ON A CCOUNT OF EXCESS STOCK BASED ON THE STOCK STATEMENT FURNISHED BY THE ASSESSEE TO TH E BANK FOR OBTAINING OVERDRAFT FACILITY. THEREFORE, THE ASSESSEE IS HAVING A GOOD PRIMA FACIE CASE ON MERITS ON THIS ISSUE. THE AO ALSO MADE A TRADING ADDITION OF RS. 38.99 LACS BY ENHANCING THE TURNOVER AND APPLYING G.P. RATE 13.50% AS AGAINST D ECLARED GP OF THE ASSESSEE AT 2 SA NO. 15/JP/2019 SHRI NARENDRA KUMAR CHATURVEDI, HINDAUN CITY. 4.13%. THERE ARE OTHER DISALLOWANCES ON ACCOUNT OF ADVANCES RECEIVED FROM CUSTOMERS AGAINST SALE OF TRACTORS OF RS. 12.15 LAC S AND DISALLOWANCE OF SUNDRY EXPENSES OF RS. 50,210/-. THE LD. A/R HAS FURTHER SUBMITTED THAT THE ASSESSEES FINANCIAL CONDITION IS VERY BAD AND FACING HARDSHIP TO MAKE THE PAYMENT OF THE DEMAND. FURTHER, THE DEPARTMENT HAS ALREADY INITIA TED THE CRIMINAL PROCEEDINGS AGAINST THE ASSESSEE. THUS IN THE FACTS AND CIRCUM STANCES OF THE CASE WHEN THE ASSESSEE HAS ALREADY PAID RS. 1.50 LACS OUT OF THE TOTAL DEMAND OF RS. 39 LACS AND ODD AMOUNT, THE BALANCE DEMAND MAY BE STAYED TILL T HE DISPOSAL OF THE APPEAL. 2. ON THE OTHER HAND, THE LD. D/R HAS VEHEMENTLY OP POSED TO THE STAY OF DEMAND AND SUBMITTED THAT THE APPEAL OF THE ASSESSE E IS PENDING SINCE THE YEAR 2015 AND ONCE IT WAS DISMISSED BY THIS TRIBUNAL VID E ORDER DATED 24 TH MARCH, 2017 FOR WANT OF PROSECUTION. SUBSEQUENTLY, THE APPEAL OF THE ASSESSEE WAS RESTORED ON THE APPLICATION FILED BY THE ASSESSEE, THEREFORE, T HE DELAY IN DISPOSAL OF THE APPEAL IS ATTRIBUTABLE TO THE ASSESSEE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WELL AS THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, WE NOTE THAT THE APPEAL OF THE ASSESSEE IS PENDING SINCE FEBRUARY, 2015. ON THE EARLIER OCCASION, THE TRIBUN AL DISMISSED THE APPEAL OF THE ASSESSEE VIDE ORDER DATED 24 TH MARCH, 2017 WHEN THE ASSESSEE WAS FOUND TO BE NOT INTERESTED IN PURSUING THE APPEAL. WE FURTHER NOTE THAT THE DELAY IN HEARING AND DISPOSAL OF THE APPEAL IS ENTIRELY ATTRIBUTABLE TO THE ASSESSEE, THEREFORE, WE DECLINE TO GRANT ANY STAY AGAINST THE OUTSTANDING DEMAND. H OWEVER, IN THE INTEREST OF JUSTICE, AN EARLY HEARING IS GRANTED TO THE ASSESSE E ON 04.04.2019. THE REGISTRY IS DIRECTED TO LIST THE APPEAL OF THE ASSESSEE FOR HEA RING ON 04.04.2019 AND EARLIER DATE FIXED FOR HEARING OF THE APPEAL ON 1 ST MAY, 2019 SHALL STAND CANCELLED. THE AO IS 3 SA NO. 15/JP/2019 SHRI NARENDRA KUMAR CHATURVEDI, HINDAUN CITY. DIRECTED NOT TO TAKE ANY COERCIVE ACTION FOR RECOVE RY OF THE OUTSTANDING DEMAND TILL THE NEXT DATE OF HEARING. 4. IN THE RESULT, STAY APPLICATION IS DISMISSED AND EARLY HEARING IS GRANTED. ORDER PRONOUNCED IN THE OPEN COURT ON 29/03/201 9. SD/- SD/- JES'K LH- 'KEKZ ] FOT; IKY JKWO ( RAMESH C. SHARMA ) ( VIJAY PAL RAO ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 29/03/2019. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-SHRI NARENDRA KUMAR CHATURVEDI, HINDA UN CITY. 2. IZR;FKHZ Z@ THE RESPONDENT-THE ITO SAWAI MADHOPUR. 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 {SA NO. 15/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 4 SA NO. 15/JP/2019 SHRI NARENDRA KUMAR CHATURVEDI, HINDAUN CITY.