Prabhakar Damodar Gawande, Ahmednagar V. Income-tax Officer, Ward - 3, Ahemdnagar

SA 22/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0598 (ITAT-PUNE)
• Duration Of Justice: 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 12-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , ! , '# $ !% , ! & BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWAS THY, JM S.A. NOS. 21 TO 24/PUN/2019 (ARISING OUT OF ITA NOS. 2543 & 2544/PUN/2017, ITA NO.2187/PUN/2017 & 2545/PUN/2017) ' (' / ASSESSMENT YEARS: 2008-09, 2009-10, 2013-14 & 20 14-15 PRABHAKAR DAMODAR GAWANDE, GAWANDE NIWAS, PLOT NO. 3, ASARA SOCIETY, PIPELINE ROAD, SAVEDI, AHMEDNAGAR-414 003 PAN : AIKPG5464B .. /APPLICANT / V/S. THE INCOME TAX OFFICER, WARD-3, AHMEDNAGAR. .. / RESPONDENT ASSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SHRI RAJESH GAWALI / DATE OF HEARING : 22.03.2019 / DATE OF PRONOUNCEMENT : 22.03.2019 ) / ORDER PER VIKAS AWASTHY, JM THESE FOUR APPLICATIONS HAVE BEEN FILED BY THE ASSESSEE FOR STAY OF RECOVERY OF OUTSTANDING DEMAND FOR THE ASSESSMENT YEAR S 2008-09, 2009-10, 2013-14 & 2014-15. 2. SHRI M.K. KULKARNI APPEARING ON BEHALF OF THE ASSESSEE SU BMITTED THAT THE TOTAL DEMAND IS RS.39,95,816/- INCLUDING INTEREST FOR THE IMPUGNED 2 SA NOS. 21 TO 24/PUN/2019 A.YS. 2008-09 & 2009-10 A.YS. 2013-14 & 2014-15 ASSESSMENT YEARS. THE LD. COUNSEL FOR THE ASSESSEE FURNISH ED A CHART GIVING DETAILS OF TOTAL TAX LIABILITY OF THE ASSESSEE AND THE AMOUN T ALREADY PAID FOR THE RESPECTIVE ASSESSMENT YEARS AS UNDER: THE LD. COUNSEL SUBMITTED THAT THE ASSESSEE HAS ALREADY PAID MORE THAN 50% OF THE TOTAL TAX COMPONENT OF THE OUTSTANDING DEMAND. THE ASSESSEE HAS GOT GOOD CASE ON THE MERITS AND THUS, LIKE LY TO SUCCEED IN APPEALS. 3. SHRI RAJESH GAWALI REPRESENTING THE DEPARTMENT VEHEM ENTLY OPPOSED THE STAY APPLICATIONS AND PRAYED FOR RECOVERY OF ENTIRE AMOUNT. 4. WE HAVE HEARD THE SUBMISSIONS MADE BY REPRESENTATIV ES OF RIVAL SIDES. IT IS AN UNDISPUTED FACT THAT THE ASSESSEE HAS PAID MOR E THAN 50% OF THE OUTSTANDING TAX DEMAND (EXCLUDING INTEREST). THE LD. COUN SEL FURNISHED A COPY OF CHALLANS IN SUPPORT OF HIS CONTENTIONS. RECOVERY OF THE OUTSTANDING DEMAND IS STAYED SUBJECT TO THE FOLLOWING CONDITIONS: I) THE ASSESSEE SHALL PAY RS.5,00,000/- IN TWO EQUAL INSTALLMENTS. FIRST INSTALLMENT OF RS.2,50,000/- SHALL BE PAID BY ASSESSEE ON OR BEFORE 31.03.2019 AND SECOND INSTALLMENT OF A.Y. INCOME AS PER AO ORDER TOTAL TAX PAYABLE INTEREST PAYABLE TAX PAYABLE (WITHOUT INTEREST) TOTAL TAX PAID UPTO DATE % OF TAX PAID (WITHOUT INTEREST) 2008-09 5,86,680 2,65,282 1,36,528 1,28,754 106,000 82% 2009-10 10,25,640 4,34,767 1,97,208 2,37,559 170,000 72% 2013-14 35,87,360 11,72,552 3,47,308 8,25,244 422,720 51% 2014-15 58,67,110 21,23,215 4,85,375 16,37,840 913,990 56% 1,10,66,790 39,95,816 11,66,419 28,29,397 16,12,710 57% 3 SA NOS. 21 TO 24/PUN/2019 A.YS. 2008-09 & 2009-10 A.YS. 2013-14 & 2014-15 RS.2,50,000/- SHALL BE PAID BY THE ASSESSEE ON OR BEFORE 30.04.2019. II) THE ASSESSEE SHALL FURNISH PROOF OF AMOUNT DEPOSITED TO T HE GOVERNMENT EXCHEQUER WITHIN ONE WEEK FROM THE DATE OF D EPOSIT WITH THE OFFICE REGISTRY. III) RECOVERY OF REMAINING AMOUNT SHALL REMAIN STAYED FOR A PERIOD OF 180 DAYS FROM THE DATE OF THIS ORDER OR TILL D ISPOSAL OF APPEAL, WHICHEVER IS EARLIER. IV) THE ASSESSEE/A.R. SHALL NOT SEEK FRIVOLOUS ADJOURNMENTS OR DELAY THE HEARING OF APPEAL WITHOUT THEIR BEING BONA-FIDE CAUSE. V) THE ASSESSEE, IF WISHES TO FILE ANY PAPER BOOK, SHALL FURNISH THE SAME BEFORE THE DATE OF HEARING IN ACCORDANCE WITH ITAT RULES. VI) IF THE ASSESSEE/ AR VIOLATE ANY OF THE CONDITIONS MENTIO NED ABOVE, THE STAY GRANTED SHALL AUTOMATICALLY GET VACATED AND THE ASSESSEE SHALL ALSO LOSE THE BENEFIT OF EARLY HEARING OF APPEAL. 5. THE REGISTRY IS DIRECTED TO LIST THE APPEAL FOR HEARING ON 08.05.2019 . SINCE, THE DATE OF HEARING HAS BEEN INFORMED TO BOTH SIDES IN OPEN COURT, ISSUANCE OF SEPARATE NOTICE OF HEARING IS DISPENSED WITH. 6. IN THE RESULT, STAY APPLICATION OF ASSESSEE IS ALLOWED SU BJECT TO THE CONDITIONS MENTIONED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY, THE 22 ND DAY OF MARCH, 2019. SD/- SD/- ( / ANIL CHATURVEDI ) ( $ !% /VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; ! / DATED : 22 ND MARCH, 2019. SB 4 SA NOS. 21 TO 24/PUN/2019 A.YS. 2008-09 & 2009-10 A.YS. 2013-14 & 2014-15 ) * +,$ -$( / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS)-2, PUNE. 4. THE PR. CIT-1, PUNE. $% &'(#)* , '#')* , +,- , / DR, ITAT, B BENCH, PUNE. 6. (./01 / GUARD FILE. // TRUE COPY // 2 / BY ORDER, 3# )- / PRIVATE SECRETARY '# ')* , / ITAT, PUNE. 5 SA NOS. 21 TO 24/PUN/2019 A.YS. 2008-09 & 2009-10 A.YS. 2013-14 & 2014-15 DATE 1 DRAFT DICTATED ON 2 2.0 3 .2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 2 2.0 3 .2019 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER