Ravulapalli Sulochana Devi, Nellore V. Deputy Commissioner of Income Tax, Central Circle, Visakhapatnam

SA 20/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4012 (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: 2012-2013
• Appeal Filed On: 05-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: D V ANJANEYULU
• Keywords: Application of stay
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER S.P .NO. 20 /VIZ/ 201 8 (ARISING OUT OF I.T.A.NO. 566 /VIZ/201 8 ) ( /ASSESSMENT YEAR: 201 2 - 1 3 ) RAVULAPALLI SULOCHANA DEVI NELLORE [ PAN : A CHPR3941C ] D CIT, CENTRAL CIRCLE VIJAYAWADA ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI D.V.ANJANEYULU , AR / RESPONDENT BY : S MT.SUMAN MALIK , DR / DATE OF HEARING : 2 1 . 12 .201 8 / DATE OF PRONOUNCEMENT : 21. 12 .201 8 / O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER : IN THIS CASE, THE ASSESSEE FILED THE RETURN OF INCOME DECLARING TOTAL INCOME OF RS.2,54,940/ - AND THE ASSESSMENT WAS COMPLETED U/S 143(3) ON TOTAL INCOME OF RS.52,58,940/ - AND RESULTED IN TAX DEMAND OF RS.19,33,779/ - . ON APPEAL THE LD.CIT(A) CONFIRMED THE ADDITION OF R S.50 LAKHS AND ALLOWED PARTIAL RELIEF. 2 S.P. NO . 20 /VIZ/201 8 RAVULAPALLI SULOCHANA DEVI, NELLORE 2. AGAINST THE ORDER OF THE LD.CIT(A), THE ASSESSEE FILED APPEAL BEFORE THIS TRIBUNAL AND ALSO FILED STAY APPLICATION REQUESTING FOR GRANT OF STAY OF THE OUTSTANDING DEMAND. 3. DURING THE APPEAL HEARING, THE LD.AR AR GUED THAT THE AO MADE THE ADDITION OF RS.50 LAKHS RELATING TO PROMISSORY NOTES FOUND AT THE TIME OF SEARCH FOR WHICH NO STATEMENT WAS RECORDED FROM THE ASSESSEE AND ARGUED THAT SHE HAS FAIR CHANCES FOR SUCCEEDING IN APPEAL. 4. ON THE OTHER HAND, THE LD.D R ALSO SUPPORTED THE ORDERS OF THE LD.CIT(A) AND SUBMITTED THAT THE DEPARTMENT HAS SUCCEEDED IN FIRST APPEAL AND HAVING BETTER CHANCES FOR SUCCEEDING IN SECOND APPEAL ALSO AND THUS OPPOSED FOR GRANT OF STAY. THE LD.AR SUBMITTED THE DEPARTMENT PRESSING FOR PAYMENT OF DEMAND AND THE ASSESSEE IS FACING FINANCIAL STRINGENCIES AND DOES NOT HAVE SUFFICIENT FUNDS FOR MAKING THE PAYMENT OF THE DEMAND IMMEDIATELY AND THEREFORE REQUESTED FOR GRANT OF STAY OF THE DEMAND. 3 S.P. NO . 20 /VIZ/201 8 RAVULAPALLI SULOCHANA DEVI, NELLORE 5. WE HAVE HEARD BOTH THE PARTIES AND PE RUSED THE MATERIAL PLACED ON RECORD AND OF THE CONSIDERED VIEW THAT THE CASE IS A FIT CASE FOR GRANTING THE STAY. DURING THE APPEAL HEARING, THE LD.AR AGREED TO MAKE THE PAYMENT OF RS.3 LAKHS OUT OF THE OUTSTANDING DEMAND, ACCORDINGLY, WE DIRECT THE ASSESS EE TO MAKE THE PAYMENT OF RS.3 LAKHS WITHIN ONE MONTH FROM THE DATE OF THIS AND THE BALANCE IS STAYED FOR 90 DAYS SUBJECT TO THE CONDITION THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT ON THE DATE OF HEARING. IN CASE, THE ASSESSEE DOES NOT ADHERE TO THE PAYMENT SCHEDULE AND SEEKS ADJOURNMENT, THE STAY GRANTED WOULD AUTOMATICALLY STANDS VACATED AND THE DEPARTMENT IS FREE TO RECOVER THE DEMAND AS PER LAW. 6. IN THE RESULT, STAY APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DECEMBER 2018 . ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 21 . 12 .201 8 L. RAMA, SPS 4 S.P. NO . 20 /VIZ/201 8 RAVULAPALLI SULOCHANA DEVI, NELLORE /COPY OF THE ORDER FORWARDED TO: - 1. / THE APPELLANT SMT.RAVULAPALLI SULOCHANA DEVI, W/O RAVULAPALLI VENKATRAMAIAH, D.NO.24/308 - 2A, MEENAKSHI NILAYAM, MILITARY COLONY, DARGAMITTA, NELLORE - 524 004 2 . / THE RESPONDENT THE D CIT, CENTRAL CIRCLE, VIJAYAWADA 3 . THE PR. COMMISSIONER OF INCOME TAX (CENTRAL), VISAKHAPATNAM 4. COMMISSIONER OF INCOME TAX (APPEALS) - 3, VISAKHAPATNAM 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM