Nisha Sarawgi, Ranchi V. ACIT,Circle-2, Ranchi

SA 43/RAN/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3477 (ITAT-RANCHI)
• Duration Of Justice: 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 11-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 20

Judgement Text

S.A. NO.43/RAN /2019 (IN ITA NO . 137/RAN/2019) A.Y. 20 15-2016 NISHA SARAWGI, RANCHI 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-RANCHI E-COURT, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER S.A. NO. 43/RAN/2019 (ARISING OUT OF I.T.A. NO. 137/RAN/2019) ASSESSMENT YEAR: 2015-2016 NISHA SARAWGI,..................................... ................................APPLICANT 206, MAHABIR TOWER, J.D. COMPOUND, MAIN ROAD, RANCHI-834 001 [PAN: AABTR 4356 H] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. ..............RESPONDENT CIRCLE-2, RANCHI APPEARANCES BY: SHRI PARTHASARATHI PAUL, CA, FOR THE APPLICANT SHRI INDERJEET SINGH, CIT, D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : MAY 17, 2019 DATE OF PRONOUNCING THE ORDER : MAY 17, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- BY THIS STAY APPLICATION, THE ASSESSEE IS SEEKING STAY OF OUTSTANDING DEMAND OF RS.15,57,760/- FOR A.Y. 2015-16. 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 OUT OF THE TOTAL DEMAND OF RS.19,47,760/- AS ORIGINALLY RAISED FOR A .Y. 2015-16, THE ASSESSEE HAS ALREADY PAID A SUM OF RS.3,90,000/-, W HICH IS MORE THAN 25% OF THE DEMAND ORIGINALLY RAISED. AS SUBMITTED BY TH E LD. COUNSEL FOR THE ASSESSEE, THE ASSESSEE IS A SENIOR CITIZEN AND THE ISSUES INVOLVED IN THE CORRESPONDING APPEAL FILED BY HIM FOR THE YEAR UNDE R CONSIDERATION BEFORE THE TRIBUNAL BEING ITA NO. 137/RAN/2019 ARE SQUARELY COVERED IN S.A. NO.43/RAN /2019 (IN ITA NO . 137/RAN/2019) A.Y. 20 15-2016 NISHA SARAWGI, RANCHI 2 FAVOUR OF THE ASSESSEE BY THE VARIOUS JUDICIAL PRON OUNCEMENTS. KEEPING IN VIEW ALL THESE FACTS OF THE CASE, WE ARE OF THE VIE W THAT THE BALANCE OF CONVENIENCE CLEARLY LIES IN FAVOUR OF THE ASSESSEE AND IT IS A FIT CASE TO GRANT THE STAY OF OUTSTANDING DEMAND AS SOUGHT BY T HE ASSESSEE VIDE THE PRESENT STAY APPLICATION. EVEN THE LD. D.R. HAS NOT BEEN ABLE TO DISPUTE THIS POSITION. WE, THEREFORE, GRANT THE STAY OF OUT STANDING DEMAND IN THE PRESENT CASE FOR A PERIOD OF SIX MONTHS OR TILL THE DISPOSAL OF THE CORRESPONDING APPEAL OF THE ASSESSEE BEING ITA NO. 137/RAN/2019 BY THE TRIBUNAL, WHICHEVER IS EARLIER. THE REGISTRY IS DI RECTED TO POST THE SAID APPEAL FOR HEARING OUT OF TURN BEFORE THE NEXT TOUR ING BENCH/E-COURT. 3. IN THE RESULT, THE STAY APPLICATION OF THE ASSES SEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON MAY 17, 2019. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 17 TH DAY OF MAY, 2019 COPIES TO : (1) NISHA SARAWGI, 206, MAHABIR TOWER, J.D. COMPOUND, MAIN ROAD, RANCHI-834 001 (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, 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.