Prakashlal Khandelwal, Ranchi V. ITO,Ward-2(5), Ranchi

SA 36/RAN/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9782 (ITAT-RANCHI)
• Duration Of Justice: 25 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 11-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Principle of natural justice
• Section: 234B

Judgement Text

S.P. NO. 36/RAN/2019 (IN ITA NO . 316/RAN/2018) A.Y. 20 14-2015 SRI PRAKASH LAL KHANDELWAL, RANCHI 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. 36/RAN/2019 (ARISING OUT OF I.T.A. NO. 316/RAN/2018) ASSESSMENT YEAR: 2014-2015 PRAKASH LAL KHANDELWAL,................. .......... .........................APPLICANT 301-B, RATNAWALI APARTMENT, LALPUR CHOWK, CIRCULAR ROAD, RANCHI-834 001 [PAN: AFSPK 2063 A] -VS.- INCOME TAX OFFICER,................................ ..............................RESPONDENT WARD-2(5), RANCHI APPEARANCES BY: SHRI ANAND PRASARI, 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.1,06,57,240/- 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. IT IS OBSERV ED THAT THE APPEAL OF THE ASSEESSEE FILED BEFORE THE LD. CIT(APPEALS) WAS DIS MISSED BY HIM VIDE AN APPELLATE ORDER PASSED EX-PARTE AND AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSEESSEE THERE IS A CLEAR VIOLATION OF PRINCIP LE OF NATURAL JUSTICE BY THE LD. CIT(APPEALS), INASMUCH AS, NO PROPER AND SU FFICIENT OPPORTUNITY OF BEING HEARD WAS GIVEN BY HIM TO THE ASSESSEE BEFORE DISMISSING THE S.P. NO. 36/RAN/2019 (IN ITA NO . 316/RAN/2018) A.Y. 20 14-2015 SRI PRAKASH LAL KHANDELWAL, RANCHI 2 APPEAL EX-PARTE. IT IS ALSO OBSERVED THAT THE TOTAL OUTSTANDING DEMAND IS COMPRISED OF INTEREST OF RS.27,66,249/- CHARGED UND ER SECTIONS 234A, 234B & 234C AND ONLY THE BALANCE AMOUNT OF RS.78,90 ,991/- IS ON ACCOUNT OF TAX. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASS ESSEE, THE DEPARTMENT HAS ALREADY RECOVERED A SUM OF RS.36.59 LAKHS AGAIN ST THE SAID DEMAND BY ATTACHING THE BANK ACCOUNTS OF THE ASSESSEE, WHICH IS ABOUT 50% OF THE TOTAL OUTSTANDING DEMAND ON ACCOUNT OF TAX. KEEPING IN VIEW ALL THESE FACTS OF THE CASE, WE ARE OF THE VIEW THAT THE BALA NCE OF CONVENIENCE CLEARLY LIES IN FAVOUR OF THE ASSESSEE AND IT IS A FIT CASE TO GRANT THE STAY OF OUTSTANDING DEMAND. WE ACCORDINGLY DIRECT THAT THE BALANCE OUTSTANDING DEMAND IN THE ASSESSEES CASE BE KEPT IN ABEYANCE F OR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF THE APPEAL OF THE AS SESSEE BY THE TRIBUNAL, WHICHEVER IS EARLIER. THE REGISTRY IS DIRECTED TO F IX THE SAID APPEAL FOR HEARING OUT OF TURN BEFORE THE NEXT TOURING BENCH/E -COURT. KEEPING IN VIEW THE STAY GRANTED BY US, THE ASSESSING OFFICER IS DIRECTED TO REVOKE /VACATE THE ATTACHMENT ON THE BANK ACCOUNTS OF THE ASSESSEE. 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) SHRI PRAKASH LAL KHANDELWAL, 301-B, RATNAWALI APARTMENT, LALPUR CHOWK, CIRCULAR ROAD, RANCHI-834 001 (2) INCOME TAX OFFICER, WARD-2(5), RANCHI (3) COMMISSIONER OF INCOME TAX (APPEALS)- , RAN CHI, (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.