Ravulapalli Venkataramaiah, Nellore V. Deputy Commissioner of Income Tax, Central Circle, Vijayawada

SA 16/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4008 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 05-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SONAWAL
• Assessee Lawyers: D V ANJANEYULU
• Keywords: Search and seizure; Application of stay; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER STAY APPLICATION NOS. 16 TO 19/VIZ/2018 (ARISING OUT OF ITA NO S . 562 TO 565 & 567 / VIZ /201 8) (ASST. YEAR: 20 0 8 - 0 9 TO 20 12 - 1 3 ) RAVULAPALLIVENKATARAMAIAH, C/O M/S. ANJANEYLU& CO., CAS, 30, BHAGYALAKSHMI NAGAR, GANDHI NAGAR, HYDERABAD. V S . D CIT, CENTRAL CIRCLE, VIJAYAWADA . PAN NO. ACKPR 1937 R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.V. ANJANEYULU C A. DEPARTMENT BY : SHRI D.K. SONAWAL SR. DR DATE OF HEARING : 06 / 0 2 /201 9 . DATE OF PRONOUNCEMENT : 06 / 0 2 /201 9 . O R D E R PER D.S. SUNDER SINGH, ACCOUNTANT MEMBER THESE STAY APPLI CATI ON S HAVE BEEN FILED BY THE ASSESSEE ALONG WITH THE APPEALS IN ITA NOS. 562 TO 565 & 567/VIZ/2018 FOR THE ASSESSMENT YEARS 2008 - 09 TO 2012 - 13. THE APPEALS ARE DELAYED BY 50 DAYS. THE ASSESSEE OUGHT TO HAVE FILED THE APPEALS ON OR BEFORE 15/09/2018, AGAINST 05/11/2018 . THE ASSESSEE FILED THE CONDONATION PETITIONS ASSIGNING THE REASONS OF OLD AGE AND HEALTH PROBLEMS. IN THE PETITION, THE ASSESSEE HAS SUBMITTED THAT HE IS AGED ABOUT 76 YEARS AND SUFFERING FROM HEART AILMENTS, 2 S A NO S . 16 - 19/VIZ/2018 ( RAVULAPALLI VENKATRAMAIAH ) DIABETES AND SEVERE ILLNESS ETC . , WHICH FORCED HIM TO UNDER GO MEDICAL SUPERVISION FOR QUITE A LONG TIME, HENCE, REQUESTED FOR CONDONATION OF DELAY IN FILING THE APPEALS . 2. WE HAVE HEARD BOTH THE PARTIES AND CONSIDERED THAT THE S E ARE FIT CASES TO CONDONE THE DELAY . ACCORDINGLY, THE DELAY IN FILING THE APPEAL S ARE HEREBY CONDONED AND ADMITTED FOR HEARING. 3 . THE ASSESSEE SUBMITTED THAT THERE WAS A SEARCH AND SEIZURE OPERATIONS IN THE ASSESSEES PREMISES AND ASSESSMENTS WERE COMPLETED FOR THE ASSESSMENT YEARS 2008 - 09 TO 2012 - 13 , RESULTING IN HUGE ADDITIONS AND SUBSTANTIAL DEMAND OF RS. 1,18,58,749/ - AFTER ADJUSTMENT OF PREPAID TAXES AS UNDER: - A.Y. TOTAL TAX (RS.) PREPAID TAX ( RS.) O UTSTANDING (RS.) 2008 - 09 18,32,187 13,02,775 5,29,412 2009 - 10 63,04,109 40,96,069 22,08,040 2010 - 11 49,11,851 29,76,802 19,35,049 2011 - 12 91,80,739 28,00,365 63,80,374 2012 - 13 23,28,435 15,22,651 8,05,874 TOTAL 1,18,58,749 THE ASSESSEE FURTHER SUBMITTED THAT AFTER COMPLETION OF ASSESSMENTS , THE ASSESSEE MADE PAYMENT OF DEMAND OF RS. 20.00 LAKHS AND THE OUTSTANDING DEMAND IS RS. 118 .58 LAKHS AS ON THE DATE OF FIL ING THESE APPEALS . 4 . LD. AR SUBMITTED THAT THE ASSESSEE IS SUFFERING FROM VARIOUS HEALTH PROBLEMS AS STATED IN THE CONDONATION PETITION AND CONFIDENT TO GET RELIEF IN THE APPEALS . THE AR FURTHER SUBMITTED 3 S A NO S . 16 - 19/VIZ/2018 ( RAVULAPALLI VENKATRAMAIAH ) TH A T THE ASSESSEE IS FACING FINANCIAL HARDSHIP AND HIS CASH FLOW IS ADVERSELY EFFECTED , D UE TO PENDING BILLS WITH THE GOVERNMENT IN CONTRACTS AND THERE ARE NO LIQUID RESOURCES TO MAKE THE PAYMENT OF OUTSTANDING DEMAND, HENCE, REQUESTED FOR GRANT OF STAY ON DISPUTED DEMAND . 5. ON THE OTHER HAND, LD. DR SUPPORTED THE ORDER S OF THE AUTHORITIES BELOW AND ARGUED THAT THE FIRST APPELLATE AUTHORITY HAS ALREADY CONFIRMED THE ADDITIONS AND THE DEPARTMENT HAS FAIR CHANCES FOR SUCCE SS OF THE APPEALS IN SECOND APPE A L . LD. DR FURTHER SUBMITTED THAT STAY SHOULD NOT BE GRANTED IN THE AS SESSEES CASE AND STRONGLY OPPOS ED FOR GRANT OF STAY . 6 . WE HAVE CONSIDERED THE SUBMISSIONS OF LD.AR AS WELL AS LD.DR . 7 . IN THE INSTANT CASE, THERE WAS A DEMAND OF RS. 118.58 LAKHS AND THE ASSESSEE HAS SUBMITTED THAT DEMAND OF 20.00 LAKHS HAS BEEN MADE AFTER COMPLETION OF THE ASSESSMENT S . AFTER HEARING BOTH THE SIDES AND PERUSING THE MATERIAL, WE ARE INCLINED TO GRANT STAY OF DEMAND SUBJECT TO PAYMENT OF RS.20.00 LAKHS IN TWO INSTALMENTS I.E. F IRST INSTALMENT SHOULD BE PAID B EFORE THE END OF FEBRUARY, 2019 AND S ECOND INSTALMENT SHOULD BE PAID ON OR BEFORE 1 5 /03/2019 . IN CASE ASSESSEE FAILED TO MAKE THE PAYMENT OF ANY 4 S A NO S . 16 - 19/VIZ/2018 ( RAVULAPALLI VENKATRAMAIAH ) INSTALMENT ON OR BEFORE DUE DATE FIXED, THE FACILITY OF STAY GRANTED TO THE ASSESSEE STANDS WITHDRAWN. 8 . ACCORDINGLY, STAY IS GRANTED 90 DAYS FROM THE DATE OF RECEIPT OF THIS ORDER AND THE CASE IS FIXED FOR HEARING ON 11/03/2019 WITH A DIRECTION NOT TO SEEK ANY ADJOURNMENT ON THE SAID DATE. IN CASE, ASSESSEE SEEKS ADJOURNMENT ON THE SAID DATE, STAY GRANTED W OULD AUTOMATICALLY STANDS VACATED AND THE DEPARTMENT IS FREE TO RECOVER THE DEMAND AS PER LAW . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. 9. IN THE RESULT, STAY APPLICATIONS FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 0 6 T H DAY OF FEB . , 201 9 . S D / - S D / - (V. DURGA RAO) ( D.S. SUNDER SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 0 6 T H FEB . , 201 9 . VR/ - 5 S A NO S . 16 - 19/VIZ/2018 ( RAVULAPALLI VENKATRAMAIAH ) COPY TO: 1. THE ASSESSEE - RAVULAPALLIVENKATARAMAIAH, C/O M/S. ANJANEYLU & CO., CAS, 30, BHAGYALAKSHMI NAGAR, GANDHI NAGAR, HYDERABAD. 2. THE REVENUE DCIT, CENTRAL CIRCLE, VIJAYAWADA. 3. THE CIT 4. THE CIT(A) 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.