Babasaheb Dhondiba Bankar, Ahmednagar V. Assistant Commissioner of Income-tax, Circle - Ahmednagar, Ahmednagar

SA 26/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0603 (ITAT-PUNE)
• Duration Of Justice: 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER S.A. NO.26/PUN/19 ITA NO.219/PUN/2019 / ASSESSMENT YEAR : 2014-15 SHRI BABASAHEB DHONDIRAM BANKAR, PIMPALWADI ROAD, SHIRDI, RAHATA, AHMEDNAGAR 423 109 PAN : AOIPB3753M VS. ACIT, AHMEDNAGAR CIRCLE, AHMEDNAGAR (APPLICANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : BY MEANS OF THE PRESENT STAY APPLICATION, THE ASSESSEE REQUIRES THE TRIBUNAL TO GRANT STAY ON OUTSTANDING DEMAND O F RS.68,48,300/- FOR THE ASSESSMENT YEAR 2014-15 TILL THE D ISPOSAL OF THE CAPTIONED APPEAL BY THE TRIBUNAL. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS A PRIMA FACIE GOOD CASE BEFORE THE TRIBUNAL AND, THEREFORE, APPLICANT BY SHRI PRASAD BHANDARI & SHRI RAVINDRA DAREKAR RESPONDENT BY SHRI M.K. VERMA DATE OF HEARING 29-03-2019 DATE OF PRONOUNCEMENT 29-03-2019 SA NO.26/PUN/2019 SHRI BABASAHEB DHONDIRAM BANKAR 2 STAY MAY BE GRANTED. MOREOVER, THE ASSESSEE WAS STATED TO HAVE ALREADY PAID A SUM OF RS.5,67,800/- OUT OF THE TOTAL DEMA ND OF RS.74,16,100/-. THE LD. COUNSEL REQUESTED FOR EARLY H EARING OF THE APPEAL ALSO. ON THE OTHER HAND, THE LD. DR OPPOSED THE STAY APPLICATION BY MAKING SUBMISSIONS AGAINST THE PRIMA FACIE OF THE CASE AS MADE OUT BY THE LD. AR. 3. HAVING HEARD BOTH THE PARTIES AND CONSIDERED THE TOTALITY OF FACTS AND CIRCUMSTANCES OF THE INSTANT CASE, IT IS SEEN THAT TH E ASSESSEE HAS ALREADY PAID A SUM OF RS.5.67 LAC. THE GR OSS DEMAND BEFORE SUCH PAYMENT WAS RS.74.16 LAC. IN OUR O PINION AND CONSIDERING THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE INSTANT CASE, WE CONSIDER IT EXPEDIENT THAT THE ASSESSEE MUST PAY AROUND 20% OF THE ORIGINAL DEMAND AS A CONDITION FOR SEEKIN G STAY. IN THAT VIEW OF THE MATTER, WE ARE INCLINED TO GRANT S TAY FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL, WHICHEVE R IS EARLIER, SUBJECT TO THE ASSESSEE DEPOSITING A FURTHER SUM OF RS.10.00 LAC IN TWO INSTALLMENTS, VIZ., THE FIRST INSTALLMENT O F RS.2.50 LAC TO BE PAID ON OR BEFORE 31-03-2019 AND TH E SECOND INSTALLMENT OF RS.7.50 LAC BY 30-04-2019. SUCH PAYMENT O F RS.10 LAC COUPLED WITH THE EARLIER PAYMENT OF RS.5.67 LAC WOULD CONSTITUTE MORE THAN 20% OF THE DEMAND BEFORE PAYMENT OF SA NO.26/PUN/2019 SHRI BABASAHEB DHONDIRAM BANKAR 3 RS.5.67 LAC. WE ORDER ACCORDINGLY. HOWEVER, THIS ACCOMMODATION IS SUBJECT TO THE FURNISHING OF AN UNDERTAKING BY THE ASSESSEE TO THE SATISFACTION OF THE ASSESSING OFFICER THA T HE WILL NOT ALIENATE ANY OF HIS IMMOVABLE PROPERTIES TILL THE FINAL DISPOSAL OF THE PRESENT APPEAL. THE ASSESSEE WILL ALSO NOT B E ENTITLED TO SEEK ANY ADJOURNMENT WITHOUT JUST CAUSE. IN CASE ANY OF THE TERMS AND CONDITIONS IS/ARE VIOLATED, THE STAY HEREIN GRANTED SHALL BE VACATED AND APPEAL WILL REVERT TO ITS ORIGINAL POSITION TO BE FIXED IN ROUTINE MANNER. 4. FURTHER, THE ASSESSEES REQUEST FOR EARLY HEARING IS ALSO ACCEDED TO. THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON 08-05-2019 SUBJECT TO COMPLIANCE OF THE ABOVE TERMS. WITH THE SE OBSERVATIONS, AND SUBJECT TO THE ABOVE TERMS AND CONDITIONS, THE STAY APPLICATION OF THE ASSESSEE GETS DISPOSED OF ACCORDING LY. 5. IN THE RESULT, THE STAY APPLICATION IS ALLOWED IN THE ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH MARCH, 2019. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE; DATED : 29 TH MARCH, 2019. SA NO.26/PUN/2019 SHRI BABASAHEB DHONDIRAM BANKAR 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, PUNE 4. / THE PR.CIT-1, PUNE 5. , , / DR B, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 29-03-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 29-03-2019 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *