Agra Development Authority, Agra V. D.C.I.T., Circle-1, Agra

SA 2/AGR/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0776 (ITAT-AGRA)
• Duration Of Justice: 4 year(s) 2 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay; Extension of stay
• Section: 2

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI G. C. GUPTA, VICE-PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER S.A. NO. 02/AGRA/2015 (ARISING OUT OF ITA NO.177/AGRA/2014) ASSESSMENT YEAR : 2009-10 AGRA DEVELOPMENT AUTHORITY, VS. D.C.I.T., CIRCLE- 1, JAIPUR HOUSE, AGRA. AGRA. (PAN : AAALA 0081 F) (APPLICANT) (RESPONDENT) APPLICANT BY : SH. DEEPAK SINGH, ADVOCATE RESPONDENT BY : SH. WASEEM ARSHAD, SR. DR DATE OF HEARING : 27.02.2015 DATE OF PRONOUNCEMENT : 27.02.2015 ORDER PER G.C. GUPTA, V.P. : BY THIS STAY APPLICATION, THE ASSESSEE HAS REQUEST ED FOR EXTENSION OF STAY OF OUTSTANDING DEMAND OF RS.7,20,04,550/- 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS GRANTED STAY AGAINST THE OUTSTANDING DEMAND BY THE TRIBUNAL AND THE STAY HAS ALREADY EXPIRED ON 10/01/2015.THE TOTAL DEMAND RAISED IN THIS CASE WAS ABOUT RS.26 CRORES, OUT OF WHICH THE ASSESSEE HAS ALREADY PAID A MAJOR AMOUNT OF RS.18.82 CRORES. HE SUBMITTED THAT THE ASSESSEE HAS A PRIMA FACIE FOOLPROOF CASE AND IS HOPEFUL TO GET FULL RELIEF AT THE LEVEL OF THE TRIBUNAL. HE RELIED ON THE DECISION OF HONBLE DELHI 2 SA NO. 02/AGRA/2015 HIGH COURT IN THE CASE OF INDIA TRADE PROMOTION ORG ANIZATION VS. DGIT (EXEMPTION) & OTHERS, WRIT PETITION (C) 1872/2013, IN SUPPORT OF HIS CASE. THE LD. DR HAS OPPOSED THE SUBMISSIONS OF THE LD. COUNSEL F OR THE ASSESSEE. HE SUBMITTED THAT IT IS NOT A CASE WHERE MERE IRREGULARITIES HAV E BEEN COMMITTED BY THE ASSESSEE, BUT, IN FACT, THE PROVISIONS OF SECTION 2(15) ARE A PPLICABLE IN THE CASE OF ASSESSEE. HE SUBMITTED THAT THE ACTIVITIES OF THE ASSESSEE ARE F OR PROFIT MAKING AND NOT CHARITABLE IN NATURE AND, THEREFORE, NO EXTENSION OF STAY SHOU LD BE GRANTED TO THE ASSESSEE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D THAT THE ASSESSEE WAS GRANTED STAY BY THE TRIBUNAL, WHICH EXPIRED ON 10.0 1.2015. THE ASSESSEE HAS ALREADY PAID MORE THAN 75% OF THE DEMAND. CONSIDERI NG THE TOTALITY OF FACTS OF THE CASE, WE ARE OF THE VIEW THAT THE ASSESSEE DESERVES EXTENSION OF STAY OF OUTSTANDING DEMAND AGAINST IT, AS THERE IS NO MATERIAL CHANGE I N THE FACTS OF THE CASE AS THEY WERE AT THE TIME OF GRANT OF INITIAL STAY BY THE TR IBUNAL. WE ACCORDINGLY STAY THE OUTSTANDING DEMAND OF RS.7,20,04,550/- TILL 10 TH OF JULY, 2015 OR TILL THE DECISION OF THE TRIBUNAL, WHICHEVER IS EARLIER. WE DIRECT ACCOR DINGLY. 4. IN THE RESULT, THE STAY APPLICATION OF THE ASSES SEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING OF STAY APPLICATION ON 27.02.2015. SD/- SD/- (PRAMOD KUMAR) (G.C. GUPTA) ACCOUNTANT MEMBER VICE - PRESIDENT DATE: 27 TH FEBRUARY, 2015 3 SA NO. 02/AGRA/2015 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED 4. CIT, CONCERNED 5. DR ITAT, AGRA BENCH 6. GUARD FILE //TRUE COPY// BY O RDER, ASSTT. REGISTRAR ITAT, AGRA BENCH, AGRA