M/s Verma Service Station, Firozabad V. Dy.C.I.T., Range-5, Firozabad

SA 3/AGR/2014

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0773 (ITAT-AGRA)
• Duration Of Justice: 4 year(s) 9 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 08-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 271(1)(c); 2

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI G. C. GUPTA, VICE-PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER S.A. NO. 03/AGRA/2014 (ARISING OUT OF ITA NO.189/AGRA/2014) ASSESSMENT YEAR : 2009-10 VERMA SERVICE STATION, VS. A.C.I.T., RANGE-5, BYE PASS ROAD, FIROZABAD. FIROZABAD. (PAN : AAAFV 6442 K) (APPLICANT) (RESPONDENT) APPLICANT BY : SH. R.K. AGARWAL, ADVOCATE RESPONDENT BY : SH. WASEEM ARSHAD, SR. DR DATE OF HEARING : 27.02.2015 DATE OF PRONOUNCEMENT : 27.02.2015 ORDER PER G.C. GUPTA, V.P. : BY THIS STAY APPLICATION, THE ASSESSEE HAS REQUEST ED FOR STAY OF PENALTY PROCEEDINGS U/S. 271(1)(C) OF THE ACT PENDING WITH THE ASSESSING OFFICER. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEES QUANTUM APPEAL IS PENDING FOR DISPOSAL WITH THE TRIBUNAL AND THERE FORE, TO AVOID MULTIPLICITY OF PROCEEDINGS, PENALTY PROCEEDINGS U/S. 271(1)(C) PEN DING BEFORE THE AO MAY BE STAYED TILL THE DISPOSAL OF QUANTUM APPEAL BY THE T RIBUNAL. THE LD. DR HAS OPPOSED THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 2 SA NO. 03/AGRA/2014 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN THE FACTS OF THE CASE, WE ARE OF THE VIEW THAT NO CASE FOR STAY OF PENALTY PROCEEDIN GS U/S. 271(1)(C) OF THE ACT BEFORE THE AO, COULD BE MADE OUT BY THE ASSESSEE. ACCORDIN GLY, THE STAY APPLICATION OF THE ASSESSEE IS DISMISSED. 4. IN THE RESULT, THE STAY PETITION IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING OF STAY APPLICATION ON 27.02.2015. SD/- SD/- (PRAMOD KUMAR) (G.C. GUPTA) ACCOUNTANT MEMBER VICE - PRESIDENT DATE: 27 TH FEBRUARY, 2015 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED 4. CIT, CONCERNED 5. DR ITAT, AGRA BENCH 6. GUARD FILE //TRUE COPY// BY O RDER, ASSTT. REGISTRAR ITAT, AGRA BENCH, AGRA