Dhiroomal & Sons Private Limited, Guwahati V. Income Tax Officer, Ward-1(1), Guwahati

SA 29/GTY/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0133 (ITAT-GUWAHATI)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 13-05-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI E COURT AT KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI ABY T. VARKEY, JUDICIAL MEMBER] S.A. NO. 29/GAU/2019 (ARISING OUT OF ITA NO. 93/GAU/2019) ASSESSMENT YEAR: 2010-11 DHIROOMAL & SONS (P.) LTD..........................APPELLANT MALIGAON P.O. KAMRUP GUWAHATI 781 011 [PAN : AABCD 0520 G ] VS. INCOME TAX OFFICER, WARD-1(1), GUWAHATI..............................RESPONDENT APPEARANCES BY: SHRI SOMNATH GHOSH, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI SANDEEP SENGUPTA, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : MAY 17 TH , 2019 DATE OF PRONOUNCING THE ORDER : MAY 23 RD , 2019 O R D E R PER J. SUDHAKAR REDDY, AM:- BY THIS STAY APPLICATION, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS. 69,82,660/- FOR ASSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT, THE ASSESSEE HAS A PRIMA FACIE CASE AS THE LD. CIT(A) HAS NOT ADJUDICATED THE ISSUE OF REOPENING OF ASSESSMENT AND THAT THE RE-OPENING OF ASSESSMENT WAS BAD IN LAW. HE SUBMITTED THAT THE ASSESSEE HAD PAID 33% OF THE OUTSTANDING DEMAND AND REQUESTED THAT THE BALANCE OUTSTANDING DEMAND BE STAYED AND THE CASE MAY BE TAKEN UP FOR HEARING ON OUT OF TURN BASIS. 2 S.A. NO. 29/GAU/2019 (ARISING OUT OF ITA NO. 93/GAU/2019) ASSESSMENT YEAR: 2010-11 DHIROOMAL & SONS (P.) LTD 2.1. THE LD. D/R SUBMITTED THAT THE ASSESSEE HAS NO PRIMA FACIE CASE. HE ALSO SUBMITTED THAT NO COERCIVE ACTION WAS TAKEN ON THE ASSESSEE. HE HAD NO OBJECTION FOR THE CASE BEING POSTED FOR EARLY HEARING ON OUT OF TURN BASIS. 3. KEEPING IN VIEW, THESE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE, WE ARE SATISFIED THAT IT IS A FIT CASE TO GRANT TO STAY OF OUTSTANDING DEMAND, SUBJECT TO A FURTHER PAYMENT OF RS. 7,00,000/- BY THE ASSESSEE AGAINST THE OUTSTANDING DEMAND. SUBJECT TO THE SAID PAYMENT, THE COLLECTION AND RECOVERY OF THE BALANCE OUTSTANDING DEMAND IS STAYED FOR A PERIOD OF 6 MONTHS OR TILL THE DISPOSAL OF THE APPEAL BY THE TRIBUNAL WHICHEVER IS EARLIER. THE CASE SHALL BE POSTED ON OUT OF TURN BASIS BEFORE THE NEXT TOURING BENCH OR THE NEXT E-COURT, AS THE CASE MAY BE. THE REGISTRY IS DIRECTED ACCORDINGLY. 4. IN THE RESULT, THE STAY APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN TERMS INDICATED ABOVE. ORDER PRONOUNCED ON 23 RD MAY, 2019 SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23/05/2019 {SC SR.P.S.} 3 S.A. NO. 29/GAU/2019 (ARISING OUT OF ITA NO. 93/GAU/2019) ASSESSMENT YEAR: 2010-11 DHIROOMAL & SONS (P.) LTD COPY OF ORDER FORWARDED TO: 1. DHIROOMAL & SONS (P.) LTD MALIGAON P.O. KAMRUP GUWAHATI 781 011 2. INCOME TAX OFFICER, WARD-1(1), GUWAHATI 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR.P.S./H.O.O. ITAT, GAUHATI BENCHES