M/s Pumarth Infrastructure Pvt. Ltd. Indore, Indore V. ACIT (Central)-1, Indore

SA 44/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0376 (ITAT-INDORE)
• Duration Of Justice: 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 08-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R P MOURYA
• Keywords: Application of stay
• Section: 234B

Judgement Text

PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 41 TO 45/IND/2018 1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER S.A. NOS. 41 TO 45/IND/2018 I.T.A. NO. 468, 175,177,178 & 176/IND/2016 ASSESSMENT YEARS : 2013-14, 2009-10, 2011-12,2012-13 & 2010-11 M/S.PUMARTH INFRASTRUCTURE :: APPLICANT PVT.LTD., INDORE. VS. ASSISTANT COMMISSIONER OF :: RESPONDENT INCOME TAX, CENTRAL (1), INDORE. PAN: AACCM09001H APPLICANT BY : SHRI SUMIT NEMA, SR.ADVOCATE WITH SHRI GAGAN TIWARI, ADV. RESPONDENT BY : SHRI R.P. MOURYA , SR.DR DATE OF HEARING 20.08.2018 DATE OF PRONOUNCEMENT : 20 .08.2018 O R D E R PER MANISH BORAD, A.M. : THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING S TAY OF THE DEMAND OF RS. 50,08,240/-, RS.2,40,51,370/-, RS.25,32,100/ -, RS.7,80,10,780/- AND RS. 2,46,44,890/- FOR THE ASSE SSMENT YEARS PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 41 TO 45/IND/2018 2 2009-10, 2010-11, 2011-12, 2012-13 AND 2013-14 RESP ECTIVELY INCLUDING INTEREST U/S 234B & 234C. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASS ESSEE AS PER ORDERS OF HON'BLE TRIBUNAL VIDE ORDER NO.SA 06-10/I ND/2018 DATED 22.03.2018 WAS GRANTED STAY OF DEMAND FOR 90 DAYS O R DISPOSAL OF APPEAL WHICHEVER IS EARLIER SUBJECT TO PAYMENT OF R S.15 LAKHS BEFORE 31.03.2018. ACCORDINGLY THE ASSESSEE HAD PAID A SU M OF RS. 15 LAKHS ON 31/03/2018 AND COMPLIED OTHER CONDITIONS M ENTIONED IN THE ORDER. HOWEVER THE MATTER COULD NOT BE DISPOSE D OFF WITHIN THE STIPULATED PERIOD OF 90 DAYS AS THE MATTER WAS FIXE D FOR HEARING LAST ON 02.08.2018 AND WAS ADJOURNED TO 11.09.2018 ON TH E REQUEST OF REVENUE. THE ASSESSEE HAS NOW SOUGHT EXTENSION OF THE ABOVE STAY DEMAND TILL THE DISPOSAL OF CASE BY THE TRIBUNAL. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTAT IVE OPPOSED THE REQUEST BUT COULD NOT CONTROVERT THE ABOVE SUBM ISSION. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORDS PLACED BEFORE US. WE FIND THAT THE PRESENT STAY APP LICATION IS FOR THE EXTENSION OF THE STAY ALREADY GRANTED BY US VIDE OR DER DATED 22.03.2018 AND AS EXPLAINED ABOVE, THE ASSESSEE HAS COMPLIED WITH THE DIRECTIONS OF THE BENCH BY WAY OF DEPOSITING TH E PART DEMAND. PUMARTH INFRASTRUCTURE PVT. LTD SA NOS. 41 TO 45/IND/2018 3 CONSIDERING THE RIVAL SUBMISSIONS, WE ARE OF THE CO NSIDERED VIEW THAT THE PRESENT STAY APPLICATIONS DESERVES TO BE A LLOWED. WE THEREFORE GRANT THE FURTHER STAY OF 90 DAYS FROM TH E DATE OF THIS ORDER OR BEFORE THE DISPOSAL OF APPEAL WHICHEVER EV ENT OCCURS EARLIER, SUBJECT TO THE SAME CONDITIONS AS MENTIONE D IN OUR EARLIER STAY ORDER DATED 22.3.18 EXCEPT THE (I) CONDITION O F PARA 3. 5. THE STAY APPLICATION IS DISPOSED OFF ACCORDINGLY SUBJECT TO CONDITIONS HEREIN ABOVE. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 20.08.2 018. SD/- SD/- (KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOU NTANT MEMBER INDORE; 20 AUGUST, 2018 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE .