SHRI MUKESH GOYAL, JAIPUR V. INCOME TAX OFFICER, JAIPUR

SA 23/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3702 (ITAT-JAIPUR)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 16-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN JCIT DHK
• Keywords: Application of stay; Reasonable cause; Assessment record
• Section: 147; 148; 144; 2

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH HKKXPUN KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, A M S.A. NO. 23/JP/2018 (ARISING IN VK;DJ VIHY LA- @ ITA NO. 516/JP/2018 FU/KZKJ.K O'K Z @ ASSESSMENT YEARS : 2009-10. SHRI MUKESH GOYAL AB-539A, GAUTAM MARG, NIRMAN NAGAR, JAIPUR. CUKE VS. THE INCOME TAX OFFICER, WARD 2(5), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAGPG 5029 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MANISH AGARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SHRI S.K. JAIN (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 18.05.2018. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 18/05/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. BY WAY OF THIS PETITION THE ASSESSEE IS SEEKING ST AY AGAINST THE OUTSTANDING DEMAND OF RS. 29,62,796/- ARISING FROM REASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2009-10. 2. WE HAVE HEARD THE LD. A/R AS WELL AS THE LD. D/R AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE LD. A/R OF THE ASSESSEE HA S SUBMITTED THAT THE ASSESSEE HAS CHALLENGED THE VALIDITY OF REASSESSMENT ORDER PASSE D BY THE AO ON THE GROUND THAT NO PROPER NOTICE UNDER SECTION 148 OF THE IT ACT WA S ISSUED AND SERVED ON THE ASSESSEE AND, THEREFORE, THE CONSEQUENTIAL REASSESS MENT ORDER IS NOT SUSTAINABLE. HE HAS FURTHER CONTENDED THAT THE ASSESSEE HAS RAIS ED THIS OBJECTION BEFORE THE AO 2 SA NO. 23/JP/2018 SHRI MUKESH GOYAL, JAIPUR. AS WELL AS THE LD. CIT (A). THE LD. A/R HAS FURTHER POINTED OUT THAT THE ASSESSEE HAS ALREADY PAID RS. 3,00,000/- AGAINST THE TOTAL DEMAN D OF RS. 32,62,796/- AND, THEREFORE, THE BALANCE OUTSTANDING DEMAND OF RS. 29 ,62,796/- MAY BE STAYED TILL THE DISPOSAL OF THE APPEAL OF THE ASSESSEE. 3. ON THE OTHER HAND, THE LD. D/R HAS STRONGLY OPPO SED THE STAY OF THE DEMAND IN QUESTION AND SUBMITTED THAT THE AO AS WELL AS TH E LD. CIT (A) HAS DULY CONSIDERED THE OBJECTION RAISED BY THE ASSESSEE AND DECIDED IN THE IMPUGNED ORDER. 4. HAVING CONSIDERED THE RIVAL SUBMISSIONS AS WELL AS THE RELEVANT MATERIAL ON RECORD, WE NOTE THAT THE TOTAL DEMAND OF RS. 32,62, 796/- WAS RAISED BY THE AO WHILE PASSING THE REASSESSMENT ORDER UNDER SECTION 144 RE AD WITH SECTION 147 OF THE IT ACT THOUGH THE ASSESSEE HAS RAISED AN OBJECTION AGA INST THE VALIDITY OF THE REASSESSMENT ORDER. SINCE THE VALIDITY OF NOTICE UN DER SECTION 148 ISSUED BY THE AO AND SERVICE THEREOF HAS TO BE DECIDED ONLY AFTER EX AMINATION OF THE ASSESSMENT RECORD, THEREFORE, AT THE STAGE OF DECIDING THE STA Y APPLICATION, WE CANNOT EXPRESS ANY VIEW ON THE SAID OBJECTION OF THE ASSESSEE. SI NCE THE ASSESSEE HAS ALREADY PAID RS. 3,00,000/- OUT OF THE TOTAL DEMAND OF RS. 32,62 ,796/-, ACCORDINGLY WE DIRECT THE ASSESSEE TO FURTHER PAY RS. 5,00,000/- ON OR BEFORE 30 TH MAY, 2018. SUBJECT TO THE FURTHER PAYMENT OF RS. 5,00,000/-, THE BALANCE OUTS TANDING DEMAND IS STAYED FOR A PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF THE APPE AL OF THE ASSESSEE WHICHEVER IS EARLIER. THE APPEAL OF THE ASSESSEE IS ALREADY FIXE D FOR HEARING ON 14 TH JUNE, 2018 AND THE REGISTRY IS DIRECTED TO LIST THE APPEAL OF THE ASSESSEE IN THE CATEGORY OF STAY GRANTED MATTER. THE ASSESSEE IS ALSO DIRECTED NOT T O TAKE ANY ADJOURNMENT OF HEARING WITHOUT ANY REASONABLE CAUSE. THE AO IS ALS O DIRECTED TO PRODUCE THE ASSESSMENT RECORD ON THE DATE OF HEARING OF THE APP EAL. 3 SA NO. 23/JP/2018 SHRI MUKESH GOYAL, JAIPUR. 5. IN THE RESULT, STAY APPLICATION IS ALLOWED SUBJE CT TO PAYMENT AS DIRECTED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 18/05/201 8. SD/- SD/- HKKXPUN FOT; IKY JKWO (BHAGCHAND) ( VIJAY PAL RAO ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 18/05/2018. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-SHRI MUKESH GOYAL, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT-THE ITO WARD 2(5), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {SA NO. 23/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR