M/S Gigeo Construction Co.P.Ltd, Nagpur V. ACIT,Central Cir.1(3), Nagpur

SA 23/NAG/2013

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3225 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 7 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: 2009-2010
• Appeal Filed On: 10-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: M MANI
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH (E-COURT) , MUMBAI BEFORE SHRI P.M. JAGTAP, AM AND DR. S.T.M.PAVLAN, J M S.A. NO.21/NAG/2013 (ARISING OUT OF ITA NO. 397/ NAG /2012) ASSESSMENT YEAR 2007-08 S.A. NO.22/NAG/2013 (ARISING OUT OF ITA NO. 398/ NAG /2012) ASSESSMENT YEAR 2008-09 S.A. NO.23/NAG/2013 (ARISING OUT OF ITA NO. 399/ NAG /2012) ASSESSMENT YEAR 2007-08 GIGEO C ONSTRUCTION CO. PVT. LTD. 5/1, AMAR PALACE, OPP. YESHWANT STADIUM, DHANTOLI, NAGPUR-440012 / VS. ACIT, CENTRAL CIRCLE - 1(3), AAYAKAR BHAVAN, TELANGKHEDI ROAD, NAGPUR-440001 ./ PAN : AAACG5861E ( /APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M.MANI / RESPONDENT BY : SHRI NARENDRA K ANE / DATE OF HEARING : 20/12/2013 / DATE OF PRONOUNCEMENT : 20/12/2013 !' / O R D E R PER P.M.JAGTAP, AM : BY THESE STAY APPLICATIONS, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS.2,56,12,204/-, RS.53,28,73 7/- AND RS.1,38,72,192/- FOR A.Y. 2007-08, 2008-09 AND 2009 -10 RESPECTIVELY. 2 S.A. NO.21,22 & 23/NAG/2013 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AND RECORD. AS SUBM ITTED BY THE LD. COUNSEL OF THE ASSESSEE, THE OUTSTANDING DEMAND FO R ALL THE THREE YEARS UNDER CONSIDERATION HAS ARISEN AS A RESULT OF DISALLOWANCE MADE BY THE AO U/S 40(A)(IA). AS FURTHER SUBMITTED BY HIM, THE APPEALS FILED BY THE ASSESSEE DISPUTING THE SAID DI SALLOWANCE HAVE BEEN DISMISSED BY THE LD. CIT(A) ON THE GROUND THAT THE TAX ON RETURNED INCOME WAS NOT FULLY PAID BY THE ASSESSEE. HE HAS SUBMITTED THAT THE ASSESSEE HAS NOW PAID THE ENTIRE TAX ON THE RETURNED INCOME AND THE MATTER OF THIS HAS TO GO BA CK TO THE LD. CIT(A) TO DISPOSE OFF THE APPEALS OF THE ASSESSEE A FRESH ON MERITS AS SOUGHT IN THE APPEALS FILED BEFORE THE TRIBUNAL BEI NG ITA NO.397,398 AND 399/NAG/2012 WHICH ARE FIXED FOR HEA RING ON 21.01.2014. HE HAS SUBMITTED THAT THE IMMOVABLE PR OPERTIES OF THE ASSESSEE ARE ALREADY ATTACHED BY THE INCOME-TAX DEP ARTMENT AND IF THE DEPARTMENT IS DIRECTED NOT TO TAKE ANY FURTHER COERCIVE STEP TO RECOVER THE OUTSTANDING DEMAND TILL THE APPEALS OF THE ASSESSEE ARE DISPOSED OF BY THE TRIBUNAL, THE ASSESSEE IS NOT VE RY KEEN TO PRESS FOR THE STAY OF OUTSTANDING DEMAND. SINCE THE LD. DR HAS FAIRLY UNDERTAKEN TO INSTRUCT THE CONCERNED ASSESSING OFFI CER NOT TO TAKE ANY FURTHER COERCIVE ACTION AGAINST THE ASSESSEE TO RECOVER THE OUTSTANDING DEMAND TILL THE DISPOSAL OF APPEALS OF THE ASSESSEE BY THE TRIBUNAL WHICH ARE FIXED FOR HEARING ON 21.01.2 014 KEEPING IN VIEW ALL THE FACTS OF THE CASE, THE REQUEST OF THE ASSESSEE FOR STAY OF 3 S.A. NO.21,22 & 23/NAG/2013 OUTSTANDING DEMAND AS SOUGHT BY THE PRESENT APPLICA TIONS IS NOT ACCEDED TO. 3 IN THE RESULT, THE STAY APPLICATIONS OF THE ASSESSE E ARE DISMISSED ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH DECEMBER 2013. SD/- SD/- DR. S.T.M.PAVLAN P.M.JAGTAP (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) # MUMBAI , $! $! $! $! DATED: 20.12.2013 F{X~{T? P.S. # # !'##%&'#(' / COPY OF THE ORDER FORWARDED TO : (1) %)*+ / THE ASSESSEE; (2) , / THE REVENUE; (3) # -./ / THE CIT(A); (4) # -# # / THE CIT, MUMBAI CITY CONCERNED; (5) '01#%%2)3###2)3# / THE DR, ITAT, MUMBAI; (6) 14*#5 / GUARD FILE. # '#% / TRUE COPY !' / BY ORDER 6 / 7# , / (DY./ASSTT. REGISTRAR) ##2)3# / ITAT, MUMBAI