Charuchandra Shridhar Shrotri, Pune V. Assistant Commissioner of Income-tax, Circle - Pune , Pune

SA 28/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0600 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 25-03-2019
• 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. NOS.27 & 28/PUN/19 ITA NOS.1335 & 1336/PUN/2017 / ASSESSMENT YEARS : 2009-10 & 2011-12 SHRI CHARUCHANDRA SHROTRI, BUILDING NO.1, ROW HOUSE NO.8, 164/165, DREAM FLOWER, VISAWA ENCLAVE, D.P. ROAD, PUNE 411 007 PAN : ACEPS8814J VS. ACIT, CIRCLE-10, PUNE (APPLICANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : BY MEANS OF THE PRESENT STAY APPLICATIONS, THE ASSESSEE REQUIRES THE TRIBUNAL TO GRANT THE STAY ON OUTSTANDING DEMAND OF RS.48.29 LAC FOR BOTH THE ASSESSMENT YEARS, NAMELY, 2 009-10 & 2011-12 TILL THE DISPOSAL OF THE CAPTIONED APPEALS BY THE TRIBUNAL. APPLICANT BY SHRI C.H. NANIWADEKAR RESPONDENT BY SHRI M.K. VERMA DATE OF HEARING 29-03-2019 DATE OF PRONOUNCEMENT 29-03-2019 SA NOS.27 & 28/PUN/2019 SHRI CHARUCHANDRA SHROTRI 2 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS ALREADY PAID A SUM OF RS.19 LAC OUT OF THE TOTAL DEMAND FOR BOTH THE YEARS. CHALLANS WERE PLACED ON RECORD EVIDENCING THE PAYMENT OF SUCH AN AMOUNT. THE LD. COUNSEL REQUESTED FO R EARLY HEARING OF THE APPEALS. ON THE OTHER HAND, THE LD. DR OPP OSED THE STAY APPLICATIONS. 3. HAVING HEARD BOTH THE PARTIES AND CONSIDERED THE FACTUM OF PAYMENT OF RS.19 LAC HAVING ALREADY BEEN MADE, WHICH IS AROUND 40% OF THE TOTAL OUTSTANDING DEMAND, WE ARE INCLINED TO GRANT STAY FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF APPEAL S, WHICHEVER IS EARLIER. HOWEVER, THIS ACCOMMODATION IS SUBJECT TO THE FURNISHING OF AN UNDERTAKING BY THE ASSESSEE TO THE SATISFACTION OF THE ASSESSING OFFICER THAT HE WILL NOT ALIENATE A NY OF HIS IMMOVABLE PROPERTIES TILL THE FINAL DISPOSAL OF THE PRESE NT APPEALS. THE ASSESSEE WILL ALSO NOT BE ENTITLED TO SEEK ANY ADJOURNMENT WITHOUT JUST CAUSE. IN CASE ANY OF THE TERMS AN D CONDITIONS IS/ARE VIOLATED, THE STAY HEREIN GRANTED SHALL BE VACATED AND APPEALS WILL REVERT TO THEIR ORIGINAL POSITION TO BE FIXED IN ROUTINE MANNER. SA NOS.27 & 28/PUN/2019 SHRI CHARUCHANDRA SHROTRI 3 4. FURTHER, THE ASSESSEES REQUEST FOR EARLY HEARING IS ALSO ACCEDED TO. THE APPEALS ARE DIRECTED TO BE POSTED FOR H EARING ON 30-04-2019. WITH THESE OBSERVATIONS, AND SUBJECT TO THE ABOV E TERMS AND CONDITIONS, THE STAY APPLICATIONS OF THE ASSESSEE GE T DISPOSED OF ACCORDINGLY. 5. IN THE RESULT, THE STAY APPLICATIONS ARE 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. / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-6, PUNE 4. / THE PR.CIT-5, PUNE 5. , , / DR B, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE SA NOS.27 & 28/PUN/2019 SHRI CHARUCHANDRA SHROTRI 4 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. *