SHRI MANOJ KUMAR JAIN, BEAWAR V. JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AJMER

SA 38/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3777 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 21-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA
• Keywords: Application of stay; Reasonable cause
• Section: 271D

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, 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. 38/JP/2018 (ARISING OUT OF ITA NO. 1450/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2015-16 SHRI MANOJ KUMAR JAIN 57, BADJATIA FREIGHT CARRIERS, SUBHASH MARKET, AJMERI GATE, BEAWAR-305901. CUKE VS. THE JCIT, RANGE-2, AJMER. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAWPJ 8620 R VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI S.L.PODDAR (ADV.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 18/01/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 21/01/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE ASSESSEE HAS FILED THE PRESENT STAY APPLICATIO N AGAINST THE ORDER OF LD. JCIT, RANGE-2, AJMER DATED 11.05.2018 PASSED U/S 271D OF THE ACT WHEREIN HE HAS RAISED A DEMAND OF RS.10 LAC S FOR CONTRAVENTION OF THE PROVISIONS OF SECTION 269SS OF THE ACT. 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE AO HAS INITIATED PENALTY PROCEEDINGS ON THE BASIS OF CERTAIN INFORMA TION WHICH WERE S.A. NO. 38/JP/2018 SHRI MANOJ KUMAR JAIN VS. JCIT 2 FOUND AND SEIZED IN CASE OF KOTA DAL MILL GROUP OF CASES, WHEREIN SOME INCRIMINATING DOCUMENTS (2 HUNDIES) WERE FOUND AND SEIZED. IT WAS SUBMITTED THAT THE ASSESSEE WAS ALSO SUMMONED AND H IS STATEMENT WAS RECORDED AND HE HAS CONFIRMED THAT HE HAS NOT TAKEN ANY LOAN FROM MR AYUSH AGARWAL. IT WAS ACCORDINGLY SUBMITTED THAT WH ERE THERE IS NO TRANSACTION OF LOAN/ADVANCES IN THE ASSESSEES BOOK S OF ACCOUNTS, THERE IS NO BASIS FOR LEVY OF PENALTY U/S 271D OF THE ACT . IT WAS FURTHER SUBMITTED THAT OUT OF TOTAL PENALTY DEMAND OF RS. 1 0 LACS, THE ASSESSEE HAS ALREADY DEPOSITED A SUM OF RS. 3,50,000/-. IT W AS ACCORDINGLY SUBMITTED THAT THE BALANCE DEMAND MAY BE STAYED TIL L DISPOSAL OF THE APPEAL. 3. THE LD. DR IS HEARD WHO HAS OPPOSED THE STAY PET ITION AND SUBMITTED THAT THE ASSESSEE MAY BE DIRECTED TO PAY BALANCE DEMAND IN SUITABLE INSTALLMENTS WITHIN A SPECIFIED TIME FRAME . 4. HEARD BOTH THE PARTIES. GIVEN THE FACT THAT THE ASSESSEE HAS ALREADY DEPOSITED A SUM OF RS. 3,50,000/- OUT OF T OTAL TAX DEMAND OF RS. 10 LACS WHICH IS MORE THAN 35% OF THE TOTAL TA X DEMAND, THE BALANCE DEMAND IS STAYED TILL 28.02.2019 OR TILL DI SPOSAL OF APPEAL, WHICHEVER IS EARLIER. 5. THE HEARING IN THE MATTER IS ALREADY SCHEDULED F OR 12.02.2019. THE LD AR HAS GIVEN AN UNDERTAKING THAT HE SHALL NO T SEEK ANY ADJOURNMENT IN THE MATTER AND WHERE ANY ADJOURNMENT IS SOUGHT WITHOUT SHOWING REASONABLE CAUSE TO THE SATISFACTIO N OF THE BENCH, THE STAY SO GRANTED SHALL STAND VACATED. S.A. NO. 38/JP/2018 SHRI MANOJ KUMAR JAIN VS. JCIT 3 IN THE RESULT, THE STAY APPLICATION IS DISPOSED OF F IN LIGHT OF ABOVE DIRECTIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 21/01/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 21/01/2019. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI MANOJ KUMAR JAIN, BEAWAR. 2. IZR;FKHZ@ THE RESPONDENT- JCIT, RANGE-2, AJMER. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {S.A. NO. 38/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR