Jeramanbhai Diyalbhai Bodra, Surat V. Income tax Officer Ward-3(3)(2), Surat

SA 31/SRT/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8882 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 14-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL DHAKA
• Assessee Lawyers: MEHUL R SHAH
• Keywords: Reasonable cause

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER S.A NO.31/SRT/2018 (ARISING IN ITA NO.177/SRT/2018) / ASSESSMENT YEAR: 2013-14 JERAMBHAI DIYALBHAI BODRA, B-9, PANCHDEV SOCIETY, HIRABAUG, VARACHHA, SURAT. [PAN: ACVPP 4513G] VS. INCOME TAX OFFICER, WARD-3(3)(2), SURAT. ( / PETITIONER) ( ' /RESPONDENT) / PETITIONER BY : SHRI MEHUL R. SHAH, C.A /RESPONDENT BY : SHRI ANIL DHAKA, SR. D.R /DATE OF HEARING : 06-04-2018 /DATE OF PRONOUNCEMENT : 06-04-2018 / ORDER PER C.M.GARG, JUDICIAL MEMBER: THE STAY PETITION HAS BEEN FILED BY THE ASSESSEE SEEKING STAY FOR OUTSTANDING DEMAND OF RS. 24,01,057/- FOR ASSESSMEN T YEAR (AY) 2013-14. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH SIDES AND CA REFULLY PERUSED THE RELEVANT MATERIAL PLACED ON THE RECORD OF THE T RIBUNAL. THE LD. ASSESSEES REPRESENTATIVE (AR) SUBMITTED THAT THE D EPARTMENT IS RECOVERING OUTSTANDING DEMAND IN A VERY COERCIVE AN D HARASSING MANNER THEREFORE, ENTIRE OUTSTANDING DEMAND MAY KINDLY STA YED TILL DISPOSAL OF 2 S.A NO.31/SRT/2018 ( A.Y: 2013-14 ) SHRI JERAMBHAI DIYALBHAI BODRA APPEAL. THE LD. AR SUBMITTED THAT THE ASSESSEE HAS PAID RS. 5,14,673/- WHICH IS MORE THAN 15% OF TOTAL DEMAND THEREFORE, S TAY SHOULD BE GRANTED TO THE ASSESSEE. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) STRONGL Y OPPOSED TO THE STAY AND SUBMITTED THAT THE ASSESSEE SHOULD BE DIRE CTED TO PAY SOME MAJOR PART OF OUTSTANDING DEMAND AS ASSESSEE HAS NO CASE IN HIS FAVOUR. 4. ON CAREFUL CONSIDERATION OF ABOVE RIVAL SUBMISSI ONS, FIRST OF ALL WE MAY POINT OUT THAT AT THIS STAGE WE ARE NOT REQUIRE D TO ADJUDICATE THE MERITS OF THE CASE BUT ON PERUSAL OF THE APPEAL RECORD, WE FIND THAT ASSESSEE HAS A PRIMA FACIE ARGUABLE CASE IN HIS FAVOUR AND HE HAS ALREADY PAI D AMOUNT MORE THAN 5 LAKH. HOWEVER, WE FIND THAT STAY OF OU TSTANDING DEMAND SHOULD BE GRANTED TO THE ASSESSEE ON CERTAIN CONDIT IONS, FOR A PERIOD OF SIX MONTHS OR TILL DISPOSAL OF APPEAL, WHICHEVER IS EAR LIER. THEREFORE, APPLICATION OF ASSESSEE IS ALLOWED ON THE FOLLOWING TERMS AND CONDITIONS: I) ASSESSEE SHALL DEPOSIT RS. 2,00,000/- ON OR BEFO RE 30 TH OF APRIL , 2018; II) THE ASSESSEE SHALL NOT SEEK ADJOURNMENTS WITHOU T ANY GOOD, BONAFIDE AND REASONABLE CAUSE IN THE MAIN REL EVANT APPEAL; III) THE APPEAL OF THE ASSESSEE WILL BE HEARD BEFOR E REGULAR BENCH ON 08.05.2018 ON SUBMITTING PROOF OF PAYMENT OF RS. 2,00,000/- AS DIRECTED ABOVE. 3 S.A NO.31/SRT/2018 ( A.Y: 2013-14 ) SHRI JERAMBHAI DIYALBHAI BODRA 5. IN THE RESULT, APPLICATION OF THE ASSESSEE IS AL LOWED ON THE AFORESAID TERMS AND CONDITIONS. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 0 6 TH APRIL, 2018. SD/- SD/- / SURAT ; DATED : 06 TH APRIL, 2018 EDN % / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. # ( ) / THE CIT(APPEALS) - II , SURAT ; 4. PR. CIT-I, SURAT ; 5. , , / DR, ITAT, SURAT ; 6 / GUARD FILE. / BY ORDER, // TRUE COPY // ) / ASSISTANT REGISTRAR , / ITAT, SURAT ( ) (O.P.MEENA) / ACCOUNTANT MEMBER ( ) (C.M.GARG) / JUDICIAL MEMBER