Madresssa Islamia Wakf, Surat V. Income Tax Officer, Ward Exemption, Surat

SA 25/SRT/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8886 (ITAT-SURAT)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 03-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S K KABRA
• Keywords: Application of stay

Judgement Text

STAY PETITON MADRESSA ISLAMIA WAKF VS. ITO, WARD(EXE.), SURAT/S.A.NO.25/SRT/2019 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER STAY APPLICATION NO.25/SRT/2019 (ARISING OUT OF I.T.A. NO.167/SRT/2018) [ [ / ASSESSMENT YEAR : 2013-14 MADRESSA ISLAMIA WAKF, 7/5568, GROUND FLOOR, SUFI BAUGH, OPP.RAILWAY STATION, SURAT. [PAN: AAATM 8804 A] VS. THE INCOME TAX OFFICER, WARD EXEMPTION, SURAT. APPELLANT /RESPONDENT [ /ASSESSEE BY: SHRI S.K.KABRA - CA /REVENUE BY: SHRI PRASOON KABRA - SR.DR / DATE OF HEARING: 13 .05.2019 /PRONOUNCEMENT ON: 13 .0 5 .2019 /O R D E R PER BHAVNESH SAINI, JM: 1. THE ASSESSEE HAS FILED THIS STAY APPLICATION FOR A.Y. 2013-14 SEEKING STAY OF OUTSTANDING DEMAND OF RS.11,53,210/-. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE TRUST WAS DENIED THE BENEFIT OF SECTION 11/12 & 13 OF THE ACT BY THE ASSESSING OFFICER. THUS, THE ASSESSING OFFICER DISALLOWED RS.28,50,000/- AND RS.19,68,734/-. THE LEARNED CIT(A), HOWEVER, ALLOWED THE BENEFIT OF SECTION 11/12 & 13 OF THE ACT. THE LEARNED CIT(A), HOWEVER ENHANCED THE INCOME BY NEW ADDITION OF RS. 25 LAKHS FOR WHICH NO NOTICE OF ENHANCEMENT HAVE BEEN GIVEN. HE HAS SUBMITTED THAT ASSESSEE HAS ALREADY PAID RS.2,70,358/- AGAINST THE OUTSTANDING DEMAND, LEAVING THE BALANCE DEMAND OF RS.8,82,852/-. STAY PETITON MADRESSA ISLAMIA WAKF VS. ITO, WARD(EXE.), SURAT/S.A.NO.25/SRT/2019 PAGE 2 OF 2 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE OPPOSED THE GRANT OF STAY IN THE MATTER. 4. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. AFTER CONSIDERING RIVAL SUBMISSIONS AND WITHOUT COMMENTING ON THE MERITS OF THE CASE, WE ARE OF THE VIEW, ASSESSEE HAS PRIMA FACIE CASE FOR GRANT OF STAY AGAINST THE OUTSTANDING DEMAND. THE LEARNED CIT(A) GRANTED SUBSTANTIAL RELIEF TO THE ASSESSEE AND APPEAL OF ASSESSEE IS PENDING FOR DISPOSAL. THE ASSESSEE ALSO PAID PART PAYMENT AGAINST THE OUTSTANDING DEMAND. 5. WE, THEREFORE STAY OUTSTANDING DEMAND FOR A PERIOD OF FOUR MONTHS OR DISPOSAL OF APPEAL WHICHEVER EXPIRE EARLIER. ASSESSEE SHALL NOT SEEK UNNECESSARY ADJOURNMENT IN THE MATTER. 6. IN THE RESULT, STAY APPLICATION OF ASSESSEE IS ALLOWED. 7. THE ORDER PRONOUNCED IN THE OPEN COURT ON 13.05.2019. SD/- SD/- (O.P.MEENA) (BHAVNESH SAINI) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 13 TH MAY , 2019/ S.GANGADHARA RAO, SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT