SHRI BALAJI MINERALS, JHUNJHUNU V. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, JHUNJHUNU

SA 24/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3801 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 26-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Keywords: Application of stay
• Section: 113

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; ,OA JH FOT; IKY JKO] U;KF;D LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM S.A. NO. 24/JP/2019 (ARISING OUT OF ITA NO. 235/JP/2019) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR : 2015-16 M/S SHRI BALAJI MINERALS, 106, ASHOKA APARTMENT, ROAD NO. 02, JHUNJHUNU (RAJ). CUKE VS. A.C.I.T., CIRCLE-JHUNJHUNU. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: ABXFS 4482 L VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI SATISH GUPTA (CA) JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDER MEHTA (CIT). LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 29/03/2019 MN~?KKS'K.KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 29/03/2019 VKNS'K @ ORDER PER: R.C. SHARMA, A.M. THIS STAY APPLICATION HAS BEEN FILED BY THE ASSESS EE FOR STAY OF DEMAND ARISING OUT OF THE ITA FILED BEFORE THE TRIBU NAL ON 22/02/2019. 2. THROUGH THIS STAY APPLICATION, IT WAS CONTENDED BY THE LD AR OF THE ASSESSEE THAT THE INCOME DECLARED AT RS. 77,93,960/ - WAS ASSESSED BY THE ASSESSING OFFICER AT RS. 1,56,04,196/-. AS PER THE LD AR, THE CBDT HAS CLARIFIED VIDE INSTRUCTION NO. 96 DATED 01/6/1969 T HAT IF THE ASSESSED INCOME IS MORE THAN DOUBLE THAN THE RETURN INCOME A ND THE ASSESSEE HAS COOPERATED THE DEPARTMENT THAN THE DISPUTED DEMAND SHOULD BE STAYED. S.A. NO. 24/JP/2019 M/S SHRI BALAJI MINERALS VS. ACIT 2 THE ABOVE REFERRED CLARIFICATION HAS BEEN FOLLOWED BY THE VARIOUS HIGH COURTS INCLUSIVE OF JURISDICTIONAL HIGH COURT. THE C ITATIONS ARE AS UNDER: H.H. MAHARANA BHAGWAT SINGH JI OF MEWAR VS. ITAT 133 CTR 297 (RAJ). M/S MAHESHWARI AGRO IND. VS. UOI, 246 CTR 113 (RAJ). 3. ON MERIT, IT WAS ARGUED BY THE LD. AR THAT THE AS SESSEE HAS PRIMA FACIE A GOOD CASE, DUE TO FINANCIAL PROBLEM, THE AS SESSEE IS NOT IN A POSITION TO PAY ANY MORE, IN SO FAR AS THE ASSESSEE HAS ALREADY PAID 45% OF THE DEMAND SO RAISED BY THE DEPARTMENT. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND CAR EFULLY GONE THROUGH THE STAY APPLICATION AND FOUND THAT THE ASSESSEE HA S ALREADY PAID 45% OF THE TOTAL DEMAND. CONSIDERING THE FACT THAT THE BAL ANCE OF CONVENIENCE IS IN ASSESSEES FAVOUR, THEREFORE, WE GRANT STAY FOR A PERIOD OF SIX MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. THE STAY APPLICATION IS DISPOSED OFF IN TER MS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH MARCH, 2019. SD/- SD/- FOT; IKY JKO JES'K LH 'KEKZ (VIJAY PAL RAO) (RAMESH C SHARMA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 29 TH MARCH, 2019. S.A. NO. 24/JP/2019 M/S SHRI BALAJI MINERALS VS. ACIT 3 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S SHRI BALAJI MINERALS, JHUNJHUNU 2. IZR;FKHZ @ THE RESPONDENT- THE ACIT, CIRCLE- JHUNJHUNU. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (S.A. 24/JP/2019) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR