RPL Development P LTD, Indore V. ITO 4(2), Indore

SA 29/Ind/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0424 (ITAT-INDORE)
• 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: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K G GOYAL
• Assessee Lawyers: M D KABRA
• Keywords: Application of stay; Extension of stay

Judgement Text

SP 29 OF 201 9 RPL DEVELOPMENT 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER STAY APPLICATION NO. 29/IND/2019 (ARISING OUT OF I.T.A.NO. 188/IND/2018) ASSESSMENT YEAR: 2009-10 RPL DEVELOPMENT PVT. LTD., INDORE / VS. ITO - 4(1), INDORE (APPLICANT ) (RESPONDENT ) P.A. NO. AADCR 7721 F APPLICANT BY SHRI M.D. KABRA, ADVOCATE RESPONDENT BY SHRI K.G. GOYAL , SR. DR DATE OF HEARING: 22.3.2019 DATE OF PRONOUNCEMENT: 22.3.2019 / O R D E R PER KUL BHARAT, J.M: THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING E XTENSION OF STAY OF THE DEMAND OF RS.87,86,410/-. SP 29 OF 201 9 RPL DEVELOPMENT 2 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TRIBUNAL HAD, VIDE ORDER DATED 25.9.2018, GRANTED THE STAY FOR A PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF APPEAL, WHICHEVER IS E ARLIER. HOWEVER, THE RELEVANT APPEAL I.E. ITA NO.188/IND/2018 COULD NOT BE DISPOSED OF SO FAR. THE ASSESSEE HAS COMPLIED WITH THE DIRECTIO NS OF THE TRIBUNAL AS ISSUED VIDE THE AFORESAID EARLIER ORDER , THEREFORE, AN EXTENSION OF STAY MAY BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE OPPOSED THE SUBMISSION AND SUBMITTED THAT THE LD.CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSE, THEREFORE THE ENTIRE OUTSTANDING DEMAND MA Y BE RECOVERED. 4. CONSIDERING THE RIVAL CONTENTIONS & MATERIAL PLA CED ON RECORD, WE DEEM IT PROPER IN THE INTEREST OF JUSTICE TO STA Y THE IMPUGNED TAX DEMAND FOR A PERIOD OF 180 DAYS OR TILL THE DISPOSA L OF APPEAL, WHICHEVER IS EARLIER SUBJECT TO THE CONDITION THAT THE ASSESSEE SHOULD DEPOSIT RS.6 LAKHS BEFORE 31.03.2019. THE AS SESSEE WOULD NOT SEEK ANY UNNECESSARY ADJOURNMENT. SUBJECT TO T HE DEPOSIT OF TAX OF RS.6 LAKHS OUTSTANDING DEMAND SHALL REMAIN S TAYED FOR THE PERIOD AS INDICATED ABOVE. SP 29 OF 201 9 RPL DEVELOPMENT 3 5. THE STAY APPLICATION IS DISPOSED OF IN THE TERMS INDICATED ABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 22.3.201 9. SD/- (MANISH BORAD) SD/- (KUL BHARAT) ACCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 22/03/2019 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT. REGISTRAR,I.T.A.T.,INDORE