BANSIDHAR ENTERPRISES , HZB V. ITO WD-1(2), HZB

SA 35/RAN/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9720 (ITAT-RANCHI)
• Duration Of Justice: 28 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 08-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

S.P. NO. 35/RAN /2019 (IN ITA NO . 25/RAN/2018) A.Y. 20 14-2015 M/S. BAN SIDHAR ENTERPRISES, CHARHI, HAZARIBAGH 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-RANCHI E-COURT, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER S.P. NO. 35/RAN/2019 (ARISING OUT OF I.T.A. NO. 25/RAN/2018) ASSESSMENT YEAR: 2014-2015 M/S. BANSIDHAR ENTERPRISES,........................ .....................APPLICANT MAIN ROAD,CHARHI, HAZARIBAGH-825336 (JH) [PAN: AAIFM 1807 B] -VS.- INCOME TAX OFFICER,................................ .........................RESPONDENT WARD- 1(2), HAZARIBAGH APPEARANCES BY: SHRI N.K. CHOUDHURY, ADVOCATE, FOR THE APPLICANT SHRI A.K. MOHANTY, JCIT, SR. D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : MARCH 29, 2019 DATE OF PRONOUNCING THE ORDER : MARCH 29, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- BY THIS STAY PETITION, THE ASSESSEE IS SEEKING STA Y OF OUTSTANDING DEMAND OF RS.16,24,160/- FOR A.Y. 2014-15. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, THE IMPUGNED DEMAND HAS ARISEN AS A R ESULT OF ADDITION MADE TO THE TOTAL INCOME OF THE ASSESSEE ON THE BAS IS OF THIRD PARTY INFORMATION AND STATEMENTS WITHOUT GIVING AN OPPORT UNITY TO THE ASSESSEE TO CROSS EXAMINE THE SAME AND THE ASSESSEE HAS GOT A GOOD PRIMA FACIE CASE TO SUCCEED ON MERIT IN ITS CORRESPONDING APPEA L BEING ITA NO. 25/RAN/2018 FILED BEFORE THE TRIBUNAL. AS FURTHER S UBMITTED BY HIM, THE S.P. NO. 35/RAN /2019 (IN ITA NO . 25/RAN/2018) A.Y. 20 14-2015 M/S. BAN SIDHAR ENTERPRISES, CHARHI, HAZARIBAGH 2 ASSESSEE HAS ALREADY PAID A SUM OF RS.5,00,000/- AG AINST THE OUTSTANDING DEMAND ON 11.03.2019, WHICH IS MORE THAN 30% OF THE DEMAND AS ORIGINALLY RAISED. KEEPING IN VIEW ALL THESE FACTS OF THE CASE, WE ARE OF THE VIEW THAT THE BALANCE OF CONVENIENCE CLEARLY LIES I N FAVOUR OF THE ASSESSEE AND IT IS A FIT CASE TO GRANT THE STAY OF OUTSTANDI NG DEMAND. WE ACCORDINGLY DIRECT THAT THE OUTSTANDING DEMAND IN T HE ASSESSEES CASE BE KEPT IN ABEYANCE FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF THE APPEAL OF THE ASSESSEE BY THE TRIBUNAL, WHICHEVER I S EARLIER. THE REGISTRY IS DIRECTED TO FIX THE SAID APPEAL FOR HEARING OUT OF TURN BEFORE THE NEXT TOURING BENCH/E-COURT. 3. IN THE RESULT, THE STAY PETITION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 29, 201 9. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 29 TH DAY OF MARCH, 2019 COPIES TO : (1) M/S. BANSIDHAR ENTERPRISES, MAIN ROAD,CHARHI, HAZARIBAGH-825336 (JH) (2) INCOME TAX OFFICER, WARD- 1(2), HAZARIBAGH (3) COMMISSIONER OF INCOME TAX (APPEALS)- , HAZ ARIBAGH, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.