SHRI KRISHNA YADAV, JAIPUR V. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

SA 34/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3755 (ITAT-JAIPUR)
• 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
• Court: TRIBUNAL

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. 34/JP/2018 (ARISING OUT OF ITA NO. 987/JP/2017) FU/KZKJ.K O'KZ @ ASSESSMENT YEAR : 2014-15 KRISHNA YADAV, 116-119, ANAND NAGAR, SIRSI ROAD, JAIPUR. CUKE VS. D.C.I.T. CENTRAL CIRCLE-4, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AADPY 8394 A 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 THIS STAY PETITION, THE ASSESSEE IS SEEKI NG STAY AGAINST THE OUTSTANDING DEMAND OF PENALTY LEVIED U/S 271AAB OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT.) 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 AT RS. 1,00 ,10,000/-, OUT OF WHICH THE ASSESSEE HAS ALREADY PAID RS. 41,59,744/-. THUS , THE ASSESSEE HAS PAID S.A. NO. 34/JP/2018 KRISHNA YADAV. VS. DCIT 2 MORE THAN 41% OF THE TOTAL DEMAND RAISED AGAINST TH E PENALTY LEVIED U/S 271AAB OF THE ACT. WE FURTHER NOTE THAT THE TRIBUNAL AT THE TIME OF FILING THE APPEAL, GRANTED STAY AGAINST OUTSTANDING DEMAND VIDE ORDER DATED 23/3/2018 BY CONSIDERING THIS FACT THAT THE ASSESSE E HAS ALREADY PAID MORE THAN 40% OF THE TOTAL DEMAND. THE APPEAL OF THE ASSE SSEE WAS HEARD BY THE TRIBUNAL ON 17/5/2018, HOWEVER, THE ORDER COULD N OT BE PRONOUNCED AND THE MATTER WAS SUBSEQUENTLY RELEASED FOR FRESH HEARING. IN THE MEAN TIME THE STAY GRANTED BY THE TRIBUNAL VI DE ORDER DATED 18/3/2018 GOT EXPIRED AND THUS IN VIEW OF THESE FAC TS AND CIRCUMSTANCES THAT THE ASSESSEE HAS ALREADY PAID MORE THAN 41% OF THE DEMAND AND THE STAY WAS GRANTED AT THE TIME OF FILING THE A PPEAL, HOWEVER, DUE TO RELEASE OF THE APPEAL, THE STAY GRANTED BY THE TRIBU NAL WAS EXPIRED, WE FIND IT PROPER TO GRANT STAY AGAINST THE BALANCE OUTSTANDING DEMAND UP TO 28/2/2019. THE APPEAL OF TH E ASSESSEE IS NOW FIXED FOR HEARING ON 13/02/2019. THE NEXT DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT AND HAS BEEN N OTED BY BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICE SHA LL BE ISSUED IN THIS REGARD. THE PARTIES ARE DIRECTED NOT TO TAK E ANY ADJOURNMENT EXCEPT IN UNAVOIDABLE CIRCUMSTANCES. S.A. NO. 34/JP/2018 KRISHNA YADAV. VS. DCIT 3 3. IN THE RESULT, THIS STAY PETITION IS ALLOWED. 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- SHRI KRISHNA YADAV, JAIPUR 2. IZR;FKHZ @ THE RESPONDENT- THE D.C.I.T., CENTRAL CIRCLE-4, 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. 34/JP/2018) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR