Ramesh Anand, Indore V. Income Tax Officer-4(1), Indore

SA 51/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0390 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 10-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MITRA
• Assessee Lawyers: SHRI
• Keywords: Application of stay
• Section: 40(a)(ia)

Judgement Text

RAMESH ANAND S.A.NO.51/IND/2018 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER SA NO. 51/IND/2018 (ARISING OUT OF ITA NO. 64/IND/2018) ASSESSMENT YEAR 2012-13 REVENUE BY SHRI P.K. MITRA, SR. DR ASSESSEE BY SHRI PANKAJ SH AH, CA DATE OF HEARING 1 7 . 9 .2018 DATE OF PRONOUNCEMENT 1 7 .9.2018 O R D E R PER SHRI MANISH BORAD, AM THE PRESENT STAY PETITION IS DIRECTED AT THE INSTANCE OF THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2012-13 AGAI NST THE DEMAND AMOUNTING TO RS.7,35,250/-. THIS STAY APPLI CATION IS RAMESH ANAND, C/O G.J. SHAH & COMPANY, 416, MANAS BHAWAN, 11, R.N.T. MARG, INDORE VS. INCOME TAX OFFICER - 4(1) INDORE (APPELLANT) (RESPONDENT ) PAN NO. AEAPA1661F RAMESH ANAND S.A.NO.51/IND/2018 2 ARISING OUT OF ITA NO.64/IND/2018 WHICH IS PENDING BEFORE THE TRIBUNAL FOR BEING LISTED. 2. REFERRING TO THE STAY APPLICATION LD. COUNSEL FO R THE ASSESSEE SUBMITTED THAT THE ISSUES ON WHICH THE IMPUGNED DEM AND OF RS.7,35,250/- IS OUTSTANDING AGAINST THE ASSESSEE I S SQUARELY COVERED BY VARIOUS JUDGMENTS IN FAVOUR OF THE ASSES SEE WITH REGARD OF SECOND PROVISO TO THE SECTION 40(A)(IA) OF THE A CT. IN THE BACK GROUND OF THESE FACTS HE REQUESTED THAT THE IMPUGNE D DEMAND MAY BE STAYED AND ALSO GAVE CONSENT THAT IF DIRECTED BY THE HON'BLE TRIBUNAL SOME AMOUNT CAN BE DEPOSITED BY THE ASSESS EE. 3. THE LD. DEPARTMENTAL REPRESENTATIVE RAISED HIS OBJECTION THAT SOME PART OF THE DEMAND SHOULD BE PAID. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE RECORD PLACED BEFORE US. THROUGH THIS STAY APPLICATION THE ASSES SEE HAS REQUESTED FOR STAYING THE OUTSTANDING DEMAND OF RS. 7,35,250/-. IT HAS BEEN PLEADED THAT THE ASSESSEE IS QUITE HOPEFUL TO SUCCEED IN THE APPEAL NO.64/IND/18 AS THE ISSUES RAISED THEREI N ARE COVERED IN FAVOUR OF THE ASSESSEE BY VARIOUS JUDGMENTS. RAMESH ANAND S.A.NO.51/IND/2018 3 5. ON DUE CONSIDERATION OF THE FACTS WE ARE OF THE VIEW THAT THE ASSESSEE HAS PRIMA FACIE CASE ON MERITS. WE THEREF ORE ALLOW THE STAY APPLICATION AND STAY THE RECOVERY OF OUTSTANDI NG DEMAND FOR A PERIOD OF 180 DAYS FROM THE DATE OF THIS ORDER OR T ILL THE DISPOSAL OF THE APPEAL WHICHEVER EVENT OCCURS FIRST, SUBJECT TO THE CONDITION THAT THE ASSESSEE SHALL DEPOSIT 30% OF OUTSTANDING DEMAND I.E. RS.2,20,757/- IN FOLLOWING MANNER; AMOUNT DATE RS. 50,000/- UP TO 30.09.2018 RS.1,00,000/- UP TO 15.10.2018 RS. 70,575/- UP TO 31.10.2018 6. IN CASE OF BREACH OF ANY OF THE CONDITION STATED HEREIN ABOVE, THE STAY GRANTED SHALL AUTOMATICALLY BE VACATED UNL ESS DIRECTED OTHERWISE BY THE BENCH. 7. WE ALSO DIRECT THE REGISTRY TO FIX THE APPEAL OU T OF TURN FOR HEARING ON 20.11.2018 AND COMMUNICATE BOTH THE PART IES THROUGH NOTICE ABOUT THE DATE OF HEARING. RAMESH ANAND S.A.NO.51/IND/2018 4 8. IN THE RESULT THE STAY APPLICATION OF THE ASSESS EE IS ALLOWED ON THE TERMS INDICATED IN THE FORGOING PARAGRAPH. THE ORDER PRONOUNCED IN THE OPEN COURT ON 17.9.201 8. SD/- SD/- ( KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER / DATED : 17 TH SEPTEMBER, 2018 /DEV COPY TO: THE APPELLANT/RESPONDENT/CIT CONCERNED/CIT (A) CONCERNED/ DR, ITAT, INDORE/GUARD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE