M/s Grawal Tracvtors, V. Commissioner of Income tax-II,

SA 3/JAB/2014

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1077 (ITAT-JABALPUR)
• Duration Of Justice: 5 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 30-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K UPADHYAYA
• Assessee Lawyers: ABHISHEKH OSWAL
• Keywords: Application of stay
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER S.A. NO. 02 & 03/JAB./2014 (IN ITA NO.118 & 119/JAB./2013) ASST. YEAR : 2003-04 & 2005-06 M/S. AGRAWAL TRACTORS, VS. COMMISSIONER OF PANNA NAKA, SATNA (MP) INCOME-TAX-II, JABALPUR . (PAN-AAEFA 4993 J) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ABHISHEKH OSWAL, ADVOCATE RESPONDENT BY : SHRI K.K. UPADHYAYA, D.R. DATE OF HEARING : 26.03.2014 DATE OF PRONOUNCEMENT : 27.03.2014 ORDER PER BHAVNESH SAINI, J.M.: IN THE BOTH THE STAY APPLICATIONS, THE ASSESSEE SOUGHT STAY OF THE PROCEEDINGS BEFORE THE AO U/S. 263 PASSED BY CIT-II , JABALPUR. 2. IT IS ADMITTED FACT THAT THE ASSESSEE HAS PREFER RED THE APPEALS BEFORE THE TRIBUNAL AGAINST THE ORDERS PASSED BY THE LD. CIT-I I, JABALPUR U/S. 263 OF THE IT ACT AND THE APPEALS OF THE ASSESSEE ARE PENDING FOR DIS POSAL BEFORE THE TRIBUNAL. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE T HE JABALPUR BENCH OF ITAT WAS NOT FUNCTIONING, THEREFORE, THE ASSESSEE MOVED WRIT PETITION BEFORE THE HONBLE S.A. NO.02 & 03/JAB./2014 2 M.P. HIGH COURT AND THE HONBLE HIGH COURT PENDING WRIT PETITION DIRECTED THAT THE PROCEEDINGS FOR ASSESSMENT MAY GO ON BUT FINAL ORDER SHALL NOT BE PASSED WITHOUT LEAVE OF THE HIGH COURT. THE LD. COUNSEL FO R THE ASSESSEE FURTHER SUBMITTED THAT SINCE THE ASSESSEE HAS NOT MADE ANY PRAYER FOR STAY OF THE RECOVERY OF THE OUTSTANDING AMOUNT, THEREFORE, HE MAY PERMITTED TO WITHDRAW BOTH THE STAY PETITIONS. HE, HOWEVER, REQUESTED THAT THE APPEALS OF THE ASSESSEE MAY BE TAKEN UP FOR HEARING ON OUT OF TURN BASIS. THE LD. DR ALSO S UBMITTED THAT SINCE NO DEMAND IS PENDING AGAINST THE ASSESSEE AS PER ORDER U/S. 263 OF THE IT ACT AT PRESENT, THEREFORE, BOTH THE STAY APPLICATIONS ARE NOT MAINT AINABLE AND SAME MAY BE DISMISSED. 3. ON CONSIDERATION OF THE ABOVE FACTS, WE PERMIT T HE ASSESSEES COUNSEL TO WITHDRAW BOTH THE STAY APPLICATIONS. SINCE NO DEMAN D HAS ARISEN AGAINST THE ASSESSEE AS PER IMPUGNED ORDER U/S.263 OF THE IT AC T, THEREFORE, BOTH THE STAY APPLICATIONS IN PRESENT FORM COULD NOT BE ENTERTAIN ED. FURTHER WHEN THE HONBLE HIGH COURT HAS ALREADY SEIZED OF THE MATTER, THEREF ORE, THE ASSESSEES COUNSEL IS PERMITTED TO WITHDRAW BOTH THE STAY APPLICATIONS. S AME ARE DISMISSED AS WITHDRAWN. HOWEVER, CONSIDERING THAT THE APPEALS OF THE ASSESSEE ARE PENDING AGAINST THE ORDER U/S. 263 OF THE IT ACT, THEREFORE , OFFICE IS DIRECTED TO FIX BOTH THE APPEALS OF THE ASSESSEE ON PRIORITY BASIS OUT OF TU RN FOR FINAL HEARING BEFORE THE S.A. NO.02 & 03/JAB./2014 3 TRIBUNAL. THE APPEALS BE FIXED AS EARLY AS POSSIBLE WHENEVER THE JABALPUR BENCH OF TRIBUNAL WOULD BE FUNCTIONING NEXT AND NOTICE BE IS SUED TO BOTH THE PARTIES FOR HEARING OF APPEALS. 4. WITH THESE DIRECTIONS, BOTH THE STAY APPLICATION S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (T.S. KAPOOR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, JABALPUR 6. GUARD FILE SR. PRIVATE SECRETARY ITAT, CAMP AT JABALPUR TRUE COPY