M/s Pumarth Infrastructure Pvt. Ltd. Indore, Indore V. ACIT (Central)-1, Indore

SA 3/Ind/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0408 (ITAT-INDORE)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 08-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA GUPTA
• Keywords: Application of stay
• Section: 234B

Judgement Text

PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 02 TO 06/IND/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER S.A. NOS. 02 TO 06/IND/2019 ARISING OUT OF I.T.A. NO. 175,468, 177,178 & 176/IN D/2017 ASSESSMENT YEARS: 2009-10, 2013-14, 2011-12,2012-13 , 2010-11 M/S.PUMARTH INFRASTRUCTURE :: APPLICANT PVT.LTD., INDORE. VS. ASSISTANT COMMISSIONER OF :: RESPONDENT INCOME TAX, CENTRAL (1), INDORE. PAN: AACCM09001H APPLICANT BY : S/ SHRI SUMIT NEMA, SR. ADV & GAGAN TIWARI, ADV RESPONDENT BY : SMT. ASHIMA GUPTA, CIT DATE OF HEARING 1 6 . 0 1 .201 9 DATE OF PRONOUNCEMENT : 1 7 . 0 1 .201 9 O R D E R PER MANISH BORAD, A.M. THESE STAY APPLICATIONS ARE FILED BY THE ASSESSEE S EEKING STAY OF THE DEMAND OF RS. 50,08,240/-, RS.2,40,51,370/-, RS.25, 32,100/-, RS.7,65,10,779/- & RS. 2,46,44,890/- FOR THE ASSESS MENT YEARS PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 02 TO 06/IND/2019 2 2009-10 TO 2013-14 RESPECTIVELY INCLUDING INTEREST U/S 234B & 234C. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT AS PER ORDERS OF HON'BLE TRIBUNAL VIDE ORDER NO.SA 60 TO 64/IND/2018 DATED 12.11.2018, ASSESSEE WAS GRANTED STAY OF DEMAND FOR 60 DAYS OR DISPOSAL OF APPEAL WHICHEVER IS EARLIER. LD. COUNSE L FOR THE ASSESSEE FURTHER SUBMITTED THAT THE APPEALS WERE FINALLY HEA RD AND THE ORDER OF TRIBUNAL IS AWAITED. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE DID NOT CONTROVERT THE ABOVE SUBMISSION. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORDS PLACED BEFORE US. THE PRESENT STAY APPLICATIONS ARE FOR THE EXTENSION OF THE STAY ALREADY GRANTED BY US VIDE ORDER DATED 12.11.2018 AS PER WHICH STAY WAS GRANTED FOR A PERIOD OF 60 DAYS OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER OCCURS EARLIER. WE FIND THAT THE APPEAL OF THE ASSESSEE WERE HEARD ON 20.12.2018 AND THE ORDER ARE TO BE PRONOUNCED IN DUE COURSE. HOWEVER AS THE PER IOD OF 60 DAYS EXPIRED ON 11.1.2019 THE STAY GRANTED BY US ON 12.1 1.18 STANDS VACATED. PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 02 TO 06/IND/2019 3 5. WE THEREFORE IN THE GIVEN FACTS AND CIRCUMSTANC ES, IN THE INTEREST OF JUSTICE, FAIRNESS AS WELL AS IN ORDER T O SAFEGUARD THE ASSESSEE AGAINST UNDUE HARDSHIP IF ANY WHICH MAY AR ISE ON ACCOUNT OF TAX RECOVERY BY THE REVENUE AUTHORITIES, ALLOW T HE INSTANT FIVE STAY APPLICATION AND STAY THE IMPUGNED DEMANDS TILL THE DISPOSAL OF THE APPEALS OF THE ASSESSEE FOR ASSESSMENT YEAR 200 9-10 TO 2013- 14 HEARD BY US ON 20.12.2018 AND DIRECT THE REVENUE AUTHORITIES TO NOT TO TAKE ANY COERCIVE ACTION TILL THE ORDERS OF THE APPEAL OF THE ASSESSEE HEARD BY US ON 20.12.2018 ARE PRONOUNCED. 6. IN THE RESULT ALL THE FIVE STAY APPLICATIONS AR E DISPOSED OFF ACCORDINGLY AS PER THE TERMS INDICATED ABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 17.01. 2019. SD/- SD/- (KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOU NTANT MEMBER INDORE: 17 TH JANUARY, 2019 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT.REGISTRAR, I.T.A.T., INDORE