CHHAGANLAL K. PATEL, Nagpur V. ASST.COMMISSIONER OF INCOME TAX CENTRAL CIRLCE -1(3), Nagpur

SA 2/NAG/2013

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3210 (ITAT-NAGPUR)
• Duration Of Justice: 7 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 10-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR MILIND BHUSARI
• Assessee Lawyers: M MANI
• Keywords: Search and seizure; Application of stay; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR E-BENCH, NAGPUR (THROUGH VIDEO CONFERENCE AT MUMBAI) . . , . / , . . BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER /AND SHRI RAJENDRA, ACCOUNTANT MEMBER S.A. NO. 02/NAG/2013 (ARISING OUT OF IT(SS)A NO. 26/NAG/2012) ASSESSMENT YEAR 2007-08 S.A. NO. 03/NAG/2013 (ARISING OUT OF IT(SS)A NO. 27/NAG/2012) ASSESSMENT YEAR 2008-09 S.A. NO. 04/NAG/2013 (ARISING OUT OF IT(SS)A NO. 28/NAG/2012) ASSESSMENT YEAR 2009-10 CHHAGANLAL K. PATEL, 802, KAMAL PALACE, NEAR KALPANA BUILDING, RAMDASPETH, NAGPUR-10. PAN: ACRPP 0924 H VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR. S.A. NO. 05/NAG/2013 (ARISING OUT OF ITA NO. 397/NAG/2012) ASSESSMENT YEAR 2007-08 S.A. NO. 06/NAG/2013 (ARISING OUT OF ITA NO. 398/NAG/2012) ASSESSMENT YEAR 2008-09 S.A. NO. 07/NAG/2013 (ARISING OUT OF ITA NO. 399/NAG/2012) ASSESSMENT YEAR 2009-10 GIGEO CONSTRUCTION CO. PVT. LTD., 5/1, AMAR PALACE, OPP: YEASHWANT STADIUM, DHANTOLI, NAGPUR-12. PAN: AAACG 6861 E VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI M. MANI RESPONDENT BY : DR. MILIND BHUSARI / DATE OF HEARING : 04-02-2013 !' / DATE OF PRONOUNCEMENT : 04-02-2013 CHHAGANLAL K. PATEL S.A. 02/N/13; 03/N/13 & 04/N/13 GIGEO CONSTRUCTION CO. PVT. LTD S.A. 05/N/13; 06/N /13 & 07/N/13 2 #$ / O R D E R PER RAJENDRA, AM S.A. NOS. 02/NAG/2013; 03/NAG/2013 & 04/NAG/2013 2. ASSESSEE AN INDIVIDUAL IS PROPRIETOR OF M/S. PATEL DEVELOPERS AND M/S. GIGEO REAL ESTATE AND IS ENGAGED IN THE CONSTRUCTION OF R AW HOUSES, FLATS AND BUNGLOWS ETC., VIDE HIS STAY APPLICATIONS [(S.A. NO. 02/NAG/ 2013 (AY 2007-08); S.A. NO. 03/NAG/2013 (AY 2008-09) & S.A. NO. 04/NAG/2013 (A Y 2009-10)], HE HAS REQUESTED TO STAY THE DEMANDS RAISED BY THE ASSESSI NG OFFICER (AO). 3. THE DETAILS OF RETURNED INCOME FILED BY THE ASSESSE E, ASSESSED INCOME, TAX PAYABLE AS PER THE RETURN OF INCOME AND TAX PAYABLE AS PER THE ASSESSMENT MADE U/S. 153 OF THE INCOME TAX ACT, 1961 (ACT) CAN BE SUMMAR IZED AS UNDER: AY NET INCOME (RS) ASSESSED INCOME (RS) TAX PAYABLE AS PER THE RETURN OF INCOME (RS) TAX PAYABLE A S PER THE ASSESSMENT (RS) TAX ACTUALLY PAID (RS) 2007-08 21,06,937 1,35,00,220 6,53,096 44,88,074 -- 2008 - 09 46,71,623 1,98,69,070 15,30,102 66,95,714 -- 2009 - 10 29,11,778 29,11,780 8,82,079 8,82,079 740 4. BEFORE US, AUTHORISED REPRESENTATIVE (AR) SUBMITTED THAT AFTER THE SEARCH AND SEIZURE OPERATION, THE ASSESSEE IS FACING A LOT OF FINANCIAL PROBLEMS, THAT IT HAD NOT PAID TAXES, THAT STAY SHOULD BE GRANTED TILL THE DI SPOSAL OF THE APPEAL BY THE TRIBUNAL. DEPARTMENTAL REPRESENTATIVE (DR) SUBMITTED THAT ASS ESSEE HAD PAID NOMINAL TAXES ONLY, THAT CIT(A) HAS ALSO DISMISSED THE APPEALS FI LED BY THE ASSESSEE FOR NON- PAYMENT OF TAX AS PER THE PROVISIONS OF SECTION 249 (4) OF THE ACT, THAT APPLICATIONS FILED BY THE ASSESSEE FOR STAY OF DEMAND SHOULD BE OUT RIGHTLY REJECTED. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL PUT BEFORE US. AS PER THE STATEMENT SUBMITTED BY THE ASSESSEE, RET URNED INCOME FOR THE 3 AYS WAS RS. 96.90 LAKHS AND TAX PAYABLE ON IT WAS RS. 30.65 LAKHS. AS PER THE SUBMISSIONS OF THE ASSESSEE, HE HAD PAID RS. 740/- ONLY ON THE ADMITTED INCOME FOR ALL THE THREE AYS. AS PER THE AO, TAX PAYABLE BY THE ASSESSEE (A FTER CONSIDERING THE TDS AND TAX PAID BY THE ASSESSEE) WAS RS. 1.20 CRORES FOR THE A YS UNDER CONSIDERATION. IN ADDITION TO IT, INTEREST AMOUNTING TO RS. 36.47 LAK HS WAS ALSO PAYABLE BY THE ASSESSEE. THUS, IT IS CLEAR THAT ASSESSEE HAS NOT PAID TAXES EVEN ON THE ADMITTED INCOME. 6. IN THESE CIRCUMSTANCES, STAY APPLICATIONS FILED BY THE ASSESSEE FOR THESE AYS ARE HEREBY REJECTED. CASES ARE FIXED FOR EARLY HEA RING ON 13-03-2013. S.A. NOS. 05/NAG/2013; 06/NAG/2013 & 07/NAG/2013 7. ASSESSEE, A PRIVATE LIMITED COMPANY, ENGAGED IN TH E BUSINESS OF CONSTRUCTION OF APARTMENTS AND COMMERCIAL PROPERTIES HAS FILED S TAY APPLICATIONS [S.A. NOS. CHHAGANLAL K. PATEL S.A. 02/N/13; 03/N/13 & 04/N/13 GIGEO CONSTRUCTION CO. PVT. LTD S.A. 05/N/13; 06/N /13 & 07/N/13 3 05/NAG/2013(AY 2007-08); 06/NAG/2013 (AY 2008-09) & 07/NAG/2013 (AY 2009-10)] TO STAY THE DEMANDS RAISED BY THE AO. 8. THE DETAILS OF RETURNED INCOME FILED BY THE ASSESSE E, ASSESSED INCOME, TAX PAYABLE AS PER THE RETURN OF INCOME AND TAX PAYABLE AS PER THE ASSESSMENT MADE U/S. 153 OF THE INCOME TAX ACT, 1961 (ACT) CAN BE SUMMAR IZED AS UNDER: AY NET INCOME (RS) ASSESSED INCOME (RS) TAX PAYABLE AS PER THE RETURN OF INCOME (RS) TAX PAYABLE AS PER THE ASSESSMENT (RS) TAX ACTUALLY PAID (RS) 2007-08 1,01,71,379 4,90,66,730 34,23,686 1,92,68,506 11,210 2008-09 63,60,225 1,26,74,890 21,61,841 43,08,195 45,400 2009-10 77,84,940 3,27,81,030 26,46,101 1,11,42,272 10,20,277 9. AR AND THE DR ADVANCED THE SAME ARGUMENT AS IN THE CASE OF SHRI CHHAGANLAL K. PATEL. 10. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL PUT BEFORE US. AS PER THE STATEMENT SUBMITTED BY THE ASSESSEE, RET URNED INCOME FOR THE 3 AYS WAS RS. 2.43 CRORES AND TAX PAYABLE ON IT WAS RS. 82.3 1 LAKHS. FROM THE STATEMENT FILE DBY THE ASSESSEE-COMPANY, IT IS FOUND THAT IT HAS N OT PAID TAX AMOUNTING TO RS. 71.54 LAKHS. AS PER THE AO, TAX AND INTEREST PAYABLE BY THE ASSESSEE (AFTER CONSIDERING THE TDS AND TAX PAID BY THE APPELLANT) WAS RS. 4.48 CRO RES FOR THE AYS. UNDER CONSIDERATION. THUS, IT IS CLEAR THAT ASSESSEE HAS NOT PAID TAXES EVEN ON THE ADMITTED INCOME. 11. IN THESE CIRCUMSTANCES, STAY APPLICATIONS FILED BY THE APPELLANT-COMPANY FOR THESE AYS ARE HEREBY REJECTED. CASES ARE FIXED FOR EARLY HEARING ON 13-03-2013. AS A RESULT, ALL THE STAY APPLICATIONS PERTAINING T O CHHAGANLAL K. PATEL (S.A. NOS. 02/NAG/2013; 03/NAG/2013 & 04/NAG/2013 & GIGE O CONSTRUCTION CO. PVT. LTD.,(S.A. NOS. 05/NAG/2013; 06/NAG/2013 & 07/NAG/ 2013) FOR THE AYS 2007-08, 2008-09 AND 2009-10 STAND DISMISSED. ORDER PRONOUNCED BY E-BENCH AT MUMBAI ON THIS 4 TH DAY OF FEBRUARY, 2013 %& '() - &*+ , 4 TH FEBRUARY 2013 ! #$ !-' . . SD/- SD/ - ( . . / R.K. GUPTA ) ( / RAJENDRA ) #( / JUDICIAL MEMBER #( / ACCOUNTANT MEMBER %& MUMBAI, .# DATE: 4 TH FEBRUARY, 2013 TNMM CHHAGANLAL K. PATEL S.A. 02/N/13; 03/N/13 & 04/N/13 GIGEO CONSTRUCTION CO. PVT. LTD S.A. 05/N/13; 06/N /13 & 07/N/13 4 COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR, ITAT, NAGPUR 6. GUARD FILE /- 0 //TRUE COPY// BY ORDER, ASST. REGISTRAR, ITAT