Andhra Pradesh Capital Region Development Authority, Vijayawada V. ACIT, Circle-3(1), Vijayawada

SA 3/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3944 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 22-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEBA KUMAR SONOWALA
• Assessee Lawyers: S RAMA RAO
• Keywords: Application of stay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER S.P .NO. 0 3 - 07 /VIZ/ 201 7 (ARISING OUT OF I.T.A. NOS.394 - 396,398 & 399 /VIZ/2017) ( /A YS : 20 08 - 09 TO 2010 - 11,2012 - 13 AND 2013 - 14 ) ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY VIJAYAWADA [ PAN : A AALV0067E ] THE ACIT, CIRCLE - 3( 1 ) VIJAYAWADA ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI S.RAMA RAO, AR / RESPONDENT BY : SHRI DEBAKUMAR SONOWALA, DR / DATE OF HEARING : 2 3 . 02 .201 8 / DATE OF PRONOUNCEMENT : 28 .02. 201 8 / O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER : THE ASSESSEE FILED STAY APPLICATION S SEEKING STAY OF DEMAND OF RS.11.93 CRORES AS UNDER : 2 S.P. NO S .0 3 - 07 /VIZ/201 8 M/S ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, VIJAYAWADA A.Y. AMOUNT OUTSTANDING 2008 - 09 4,29,92,517 2009 - 10 1,05,48,774 2010 - 11 1,69,80,024 2012 - 13 1,41,45,405 2013 - 14 3,47,11,308 TOTAL AMOUNT OUTSTANDING 11,93,78,028 2. THERE WAS AN OUTSTANDING DEMAND OF RS.11,93,78,028/ - FOR THE ASSESSMENT YEARS 2008 - 09 TO 2010 - 11, 2012 - 13 AND 2013 - 14. FOR THE STAY APPLICATIONS FILED BY THE ASSESSEE EARLIER VIDE S.P. NOS.11 TO 15/VIZ/2017 , T HE TRIBUNAL BY AN ORDER DATED 27.09.2017 HAS GRANTED STAY FOR 90 DAYS FROM THE DATE OF ORDER. IN THIS CASE, THE STAY H AS EXPIRED AND THE APPEAL COULD NOT BE HEARD BECAUSE OF THE ADJOURNMENTS TAKEN BY BOTH THE PARTIES. MEANWHILE THE STAY GRANTED TO THE ASSESSEE WAS EXPIRED, HENCE FILED A FRESH PETITION SEEKING STAY OF RS.11. 93 CRORES AND REITERATED THE SUBMISSIONS MADE BY THE ASSESSEE DISCUSSED IN OUR ORDER DATED 27.09.2017. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL PLACED ON RECORD. AS STATED EARLIER IN THIS CASE 53% OF THE DEMAND WAS ALREADY PAID BY THE ASSESSEE. HOWEVER, THE APPEAL COULD NOT BE HEARD ON COUPLE OF OCCASIONS BECAUSE OF THE ADJOURNMENT SOUGHT B Y THE LD.AR OF THE ASSESSEE. 3 S.P. NO S .0 3 - 07 /VIZ/201 8 M/S ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, VIJAYAWADA THEREFORE, FOR A QUERY FROM THE BENCH, THE LD.AR AGREED TO PAY DEMAND OF RS.2 CRORES BEFORE 25.03.2018. A SUM OF RS.1 CRORE WAS AGREED TO BE PAID BY THE ASSESSEE BEFORE 15.3.2018 AND RS.1 CRORE WOULD BE PAID BEFORE 25.03.2018. SINCE THE ASSESSEE HAS EXPRESSED FINANCIAL DIFFICULTY FOR PAYMENT OF THE ENTIRE DEMAND DUE TO ONGOING PROJECTS IN THE CAPITAL CITY OF ANDHRA PRADESH, WE ARE INCLINED TO GRANT STAY OF DEMAND FOR 90 DAYS FROM THE DATE OF THIS ORDER SUBJECT TO PAYMENT OF RS .2 CRORES AS DISCUSSED ABOVE AND THE CASE IS POSTED FOR HEARING ON 19.04.2018. 4. THE APPEAL HEARING IS FIXED ON 19.04.2018 AND THE LD.AR OF THE ASSESSEE IS ADVISED NOT TO TAKE ANY ADJOURNMENT OF HEARING. IN CASE THE ASSESSEE TAKES THE ADJOURNMENT, THE ST AY GRANTED WOULD BE AUTOMATICALLY VACATED AND THE DEPARTMENT IS FREE TO COLLECT THE REVENUE ENFORCING THE PROVISIONS OF THE ACT. ACCORDINGLY, THE ASSESSEES REQUEST FOR STAY OF DEMAND IS CONSIDERED AND THE CASE IS FIXED FOR HEARING ON 19 . 04 .201 8 . SINCE T HE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, NOTICE TO BOTH PARTIES IS WAIVED. 5. IN THE RESULT, THE STAY PETITIONS FILED BY THE ASSESSEE ARE ALLOWED. 4 S.P. NO S .0 3 - 07 /VIZ/201 8 M/S ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, VIJAYAWADA T HE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 28 TH FEB 20 1 8 . SD/ - SD/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 28 .02. 201 8 L. RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1. / THE APPELLANT ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, VIJAYAWADA 2 . / THE RESPONDENT THE ACIT, CIRCLE - 3(1), VIJAYAWADA 3 . THE COMMISSIONER OF INCOME TAX, VIJAYAWADA 4. THE CIT(A), VIJAYAWADA 5 . , , / DR, ITAT, VISAKHAPATNAM 6. / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM