SHRI MUKESH MOONDHRA, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

SA 32/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3759 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 17-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Assessee Lawyers: S L PODDAR

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO ] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM S.A. NO. 32/JP/2018 (ARISING OUT OF ITA NO. 226/JP/2018) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR : 2014-15 MUKESH MOONDHRA, G-5(B), GANGA PATH, DURGA MARG, BANI PARK, JAIPUR. CUKE VS. D.C.I.T. CENTRAL CIRCLE-2, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AFMPM 5124 N VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT S.A. NO. 33/JP/2018 (ARISING OUT OF ITA NO. 857/JP/2017) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR : 2014-15 MANOJ MOONDHRA, G-5(B), GANGA PATH, DURGA MARG, BANI PARK, JAIPUR. CUKE VS. D.C.I.T. CENTRAL CIRCLE-2, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: ADGPM 6126 J VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI S.L. PODDAR (ADV) JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDER MEHTA (CIT). LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 11/01/2019 MN~?KKS'K.KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 11/01/2019 VKNS'K @ ORDER PER: VIJAY PAL RAO, J.M. BY WAY OF THESE STAY PETITIONS, THE ASSESSEES ARE S EEKING STAY AGAINST THE OUTSTANDING DEMAND OF PENALTY LEVIED U/ S 271AAB OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT.) S.A. NO. 32 & 33/JP/2018 MUKESH MOONDHRA & ONE ANR. VS. DCIT 2 2. WE HAVE HEARD THE LD. AR OF THE ASSESSEE AS WELL AS THE LD DR AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE PENA LTY LEVIED BY THE ASSESSING OFFICER U/S 271AAB OF THE ACT AND ENHANCE D BY THE LD. CIT(A) TO RS. 30.00 LACS AND 45.00 LACS RESPECTIVELY. THE ASSE SSEE HAVE ALREADY PAID RS. 10.00 LACS AND RS. 15.00 LACS RESPECTIVELY OUT OF THE TOTAL DEMAND OF PENALTY OF RS. 30.00 LACS AND 45.00 LACS RESPECTIVE LY. THEREFORE, THE ASSESSEES HAVE ALREADY PAID 1/3 RD /33% OF THE TOTAL DEMAND. WE FURTHER NOTE THAT THE TRIBUNAL AT THE TIME OF FILING THE APP EALS HAD ALREADY GRANTED STAY VIDE ORDER DATED 09/3/2018 BY CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY PAID 1/3 RD OF THE TOTAL OUTSTAND DEMANDING. THE APPEALS OF THE ASSESSEE WERE ALREADY HEARD BY THE TRIBUNAL ON 21/5/2 018, HOWEVER, THE ORDER COULD NOT BE PRONOUNCED AND THEREFORE, THE MA TTERS WERE SUBSEQUENTLY RELEASED FOR FRESH HEARING. IN THE MEA N TIME THE STAY GRANTED BY THE TRIBUNAL VIDE ORDER DATED 09/3/2018 GOT EXPIR ED IN BOTH THE CASES. THUS, IN VIEW OF THESE FACTS THAT THE ASSESSEE HAVE A LREADY PAID 1/3 RD OF THE DEMAND AND THE STAY WAS GRANTED AT THE TIME OF F ILING THE APPEALS, HOWEVER, DUE TO RELEASE OF THE APPEALS, THE STAY GRA NTED BY THE TRIBUNAL WAS EXPIRED, WE FIND IT PROPER TO GRANT STAY AGAINST THE BALANCE OUTSTANDING DEMAND UP TO 28/2/2019. THE APPEALS OF THE ASSESSEES ARE NOW FIXED FOR HEARING ON 06/3/2019, HOWEVER, IN VIEW O F THE STAY GRANTED S.A. NO. 32 & 33/JP/2018 MUKESH MOONDHRA & ONE ANR. VS. DCIT 3 TO THE ASSESSEE UP TO 28/2/2019, THE HEARING OF THE APPEALS IS PREPONE TO 14/2/2019. THE NEXT DATE OF HEARING AS PREPONE BY U S HAS BEEN ANNOUNCED IN THE OPEN COURT AND HAS BEEN NOTED BY B OTH THE PARTIES, THEREFORE, NO SEPARATE NOTICE SHALL BE ISSUED IN TH IS REGARD. THE PARTIES ARE DIRECTED NOT TO TAKE ANY ADJOURNMENT EXCEPT IN UNAV OIDABLE CIRCUMSTANCES. 3. IN THE RESULT, BOTH THESE STAY PETITIONS ARE ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JANUARY, 2019. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 11 TH JANUARY, 2019. *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- (I) SHRI MUKESH MOONDHRA, JAIPUR & (II) SHRI MANOJ MOONDHRA, JAIPUR 2. IZR;FKHZ @ THE RESPONDENT- THE D.C.I.T., CENTRAL CIRCLE-2, JAIPU R. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (S.A. 32 & 33/JP/2018) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR