SHRI KARIM K. MALIK, Nagpur V. ITO,WARD-1(3), Nagpur

SA 18/NAG/2013

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3228 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 20-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT , JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER S.A. NO.18/NAG./2013 ( ARISING OUT OF ITA NO. 17 / NAG ./ 2013 ) ( ASSESSMENT YEAR : 20 08 - 09 ) SHRI KARIM KAMRUDDIN MALIK KARIMAHAD HOUSING SOCIETY FLAT NO.301, BYRAMJI TOWN OPP. POONAM CHAMBERS CHHAONI, NAGPUR 440 013 PAN ANFPM8213K APPELLANT V/S INCOME TAX OFFICER WARD - 1(3), NAGPUR .... RESPONDENT ASSESSEE BY : SHRI HIMESH DAMLE REVENUE BY : SHRI NARENDRA KANE / DATE OF HEARING 10 .04.2015 / DATE OF ORDER 10.04.2015 O R D E R PER MUKUL K. SHRAWAT, J.M. THIS STAY PETITION HAS BEEN FILED BY THE ASSESSEE ON 20 TH AUGUST 2013, AND THE POSITION OF OUTSTANDING DEMAND IS AS UNDER: - 3. ASSESSMENT YEAR INVOLVED 2008 - 09 4. DATE OF FILING OF APPEAL BEFORE THE T RIBUNAL AND ITS NUMBER, IF KNOWN 08.05.2013 SHRI KARIM KAMRUDDIN MALIK 2 5. FROM THE DEMAND GIVE BREAK UP TAX - - INTEREST - - PENALTY ` 30,38,810 FINE - - OTHERS - - 6(A) AMOUNT ALREADY PAID - - 6(B) AMOUNT OUTSTANDING ` 30,38,810 2. FROM THE SIDE OF THE APPLICANT, THE LEARNED COUNSEL FOR THE ASSESSEE, SHRI HIMESH DAMBLE, APPEARED AND PLEADED THAT A SUM OF ` 2.50 LAKH HAS ALREADY BEEN DEPOSITED IN COMPLIANCE OF THE DIRECTIONS OF THE REVENUE DEPARTMENT. FURTHER, HE HAS ALSO ARGUED THAT THE ASSESSEE WAS SUFFERING LOSSES DU E TO SHIFTING OF THE SHOP AND FACING FINANCIAL HARDSHIP. ABOUT THE MERITS, HE HAS INFORMED THAT AGAINST THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF ` 30.40 LAKH, AN APPEAL HAS BEEN PREFERRED BEFORE THE TRIBUNAL. THE ASSESSEE IS VERY HOPEFUL TO GET THE S UBSTANTIAL RELIEF IN THE SAID APPEAL. FINALLY, HE HAS MADE A PROPOSAL THAT THE ASSESSEE CAN ONLY DEPOSIT A SUM OF ` 5 LAKH MAXIMUM, I F SO DIRECTED. 3. FROM THE SIDE OF THE REVENUE, THE LEARNED DEPARTMENTAL REPRESENTATIVE, SHRI NARENDRA KANE, APPEARED AND OBJ ECTED THE SAID PROPOSAL ON THE GROUND THAT THE ASSESSEE HAS NOT DEPOSITED SUFFICIENT AMOUNT TO LIQUIDATE OUTSTANDING TAX LIABILITY. ALTERNATIVELY, HE HAS SHRI KARIM KAMRUDDIN MALIK 3 SUGGESTED THAT TO SECURE THE INTEREST OF THE REVENUE, THE ASSESSEE MAY BE DIRECTED TO FURNISH A BANK G UARANTEE. 4. HEARD BOTH THE SIDES. CONSIDERING THE POSITION OF THE ACCOUNTS FILED BEFORE US AND THE ISSUE RAISED IN RESPECT OF THE LEVY OF CONCEALMENT PENALTY, WE DEEM IT FIT TO DIRECT THE ASSESSEE TO PAY A SUM OF ` 5 LAKH BY 15 TH MAY 2015. THE ASSESSEE SHAL L PRODUCE THE TAX PAYMENT CHALLAN TO THE REGISTRY. THEREAFTER, THE APPEAL SHALL BE FIXED FOR HEARING ON 20 TH MAY 2015. THIS DATE OF HEARING IS DULY COMMUNICATED TO BOTH THE SIDES IN THE OPEN COURT. SERVICE OF NOTICE OF HEARING IS THUS DISPENSED WITH. REST OF THE TAX DEMAND IS HEREBY STAYED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER OR TILL FINAL DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. 5. IN THE RESULT, ASSESSEES STAY APPLICATION IS ALLOWED IN TERMS INDICATED ABOVE. ORDER PRONOUNCED IN THE O PEN COURT O N 10 TH APRIL 2015 SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER SD/ - MUKUL K. SHRAWAT JUDICIAL MEMBER NAGPUR , DATED : 10 TH APRIL 2015 SHRI KARIM KAMRUDDIN MALIK 4 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE ; (2) THE REVENUE; (3) THE CIT(A ) ; (4) THE CIT, NAGPUR CITY CONC ERNED ; (5) THE DR, ITAT, NAGPUR ; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY A SS ISTANT REGISTRAR ITAT, NAGPUR \