M/s.VINTAGE ENTERPRISES, Navi Mumbai V. Deputy Commissioner of Income-tax, Panvel-Circle, PANVEL

SA 5/PUN/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0590 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 28-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Application of stay
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY, JM S.A. NO. 05/PUN/2019 (ARISING OUT OF ITA NO. 3469/MUM/2016) / ASSESSMENT YEAR: 2008-09 M/S. VINTAGE ENTERPRISES, SHOP NO.01, PATEL PARADISE, PLOT NO. 01, 31 & 32, SECTOR -35 (E), OWE-KHARGHAR NAVI MUMBAI-410 210 PAN : AAFFV5688J .. /APPLICANT / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, PANVEL-CIRCLE, PANVEL. DIST. RAIGAD. .. / RESPONDENT ASSESSEE BY : SHRI M. SUBRAMANIAN REVENUE BY : SHRI PANKAJ GARG / DATE OF HEARING : 01.02.2019 / DATE OF PRONOUNCEMENT : 01.02.2019 / ORDER PER PARTHA SARATHI CHAUDHURY, JM : THIS STAY APPLICATION HAS BEEN PREFERRED BY THE ASSESSE E ARISING OUT OF ITA NO.3469/MUM/2016. THAT AS PER THE STAY APPLICATION, THE PRAYER OF THE ASSESSEE IS THAT THE TOTAL DEMAND OUTSTANDING IS RS.1,49,0 6,370/- OUT OF WHICH THE ASSESSEE HAS ALREADY PAID RS.41,00,000/-. 2 SA NO.05 /PUN/2019 A.Y.2008-09 2. FURTHER, THE LD. AR OF THE ASSESSEE SUBMITTED THAT T HE DEPARTMENT HAS TAKEN POST DATED CHEQUES IN ADDITION TO THE AMOUNT ALR EADY PAID WORTH RS.20,00,000/-. THE LD. AR OF THE ASSESSEE ALSO APPRISED T HE BENCH THAT THE HEARING OF APPEAL IS FIXED ON 20.03.2019. IN VIEW OF THE MATT ER, THE ASSESSEE PRAYED FOR STAYING OF THE REMAINING DEMAND. 3. ON THE OTHER HAND, LD. DR OBJECTED TO THE STAY APP LICATION STATING THAT AFTER THE SAID PAYMENT OF THE MENTIONED AMOUNT BY THE A SSESSEE, THERE HAS BEEN NO PAYMENT AND THEREFORE, THE ASSESSEE MAY BE AS KED TO DEPOSIT SOME MORE MONEY. 4. WE HAVE PERUSED THE CASE RECORDS AND HEARD THE R IVAL CONTENTIONS. WE FIND THAT IT IS NOT DISPUTED THAT OUT OF THE TOTAL AMOUNT OF RS.1,49,06,370/- PAYABLE BY THE ASSESSEE, THE ASSESSEE HAS ALREADY PAID TO THE DEPARTMENT RS.41,00,000/-. THIS FACT IS ADMITTED BY THE LD. DR. WE FURTH ER OBSERVE THAT MORE THAN 25% OF THE TOTAL DEMAND OUTSTANDING HAS ALREA DY BEEN PAID BY THE ASSESSEE. EVEN THE HEARING OF THE APPEAL IS ALREADY FIXED ON 20.03.201 9. CONSIDERING THE TOTALITY OF FACTS AND IN THE INTEREST OF JU STICE, WE ARE CONVINCED TO GRANT STAY TO THE ASSESSEE FOR A PERIOD OF 6 MONTHS OR TILL DISPOSAL OF THE APPEAL OF THE ASSESSEE, WHICHEVER IS EARLIER. WE ORDER ACCORDING LY. 5. IN THE RESULT, THE STAY APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON 01ST DAY OF FEBRUARY, 2019. SD/- SD/- R.S.SYAL PA RTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 01 ST FEBRUARY, 2019. SB 3 SA NO.05 /PUN/2019 A.Y.2008-09 !' #' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEAL)-2, THANE. 4. THE PR. CIT-2, THANE. ! '#$%%&' , &' , ()* , / DR, ITAT, B BENCH, PUNE. 6. $+,-. / GUARD FILE. // TRUE COPY // / / BY ORDER, %0 &* / PRIVATE SECRETARY &' , / ITAT, PUNE. 4 SA NO.05 /PUN/2019 A.Y.2008-09 DATE 1 DRAFT DICTATED ON 01.02 .2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 01.02 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER