Ayush Sharma, Indore V. Income Tax Officer 5 (4), Indore

SA 52/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0379 (ITAT-INDORE)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 10-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MITRA
• Assessee Lawyers: SHRI
• Keywords: Application of stay

Judgement Text

AYUSH SHARMA S.A.NO.52/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. 52/IND/2018 (ARISING OUT OF ITA NO. 142/IND/2018) ASSESSMENT YEAR 2009-10 REVENUE BY SHRI P.K. MITRA, SR. DR ASSESSEE BY SHRI PANKAJ SHAH, 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 ASSESSEE PERTAINING TO ASSESSMENT YEAR 2009-10 AGAI NST THE OUTSTANDING DEMAND OF RS.5,47,075/-. THIS STAY APPL ICATION IS AYUSH SHARMA, 12, MENON COLONY, KHAJRANA, INDORE VS. INCOME TAX OFFICER - 5(4), INDORE (APPELLANT) (RESPONDENT ) PAN NO. DPGPS3967Q AYUSH SHARMA S.A.NO.52/IND/2018 2 ARISING OUT OF I.T.A. NO.412/IND/2018 WHICH IS PEND ING BEFORE THE TRIBUNAL FOR BEING LISTED. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT TAX OF RS.5,74,075/- WAS DEMANDED BY THE BY LD. ASSESSING OFFICER. THE ADDITION MADE BY THE LD.A.O HAS BEEN CONFIRMED BY L D. CIT(A). A SUM OF RS.2,09,626/- STANDS ALREADY PAID AGAINST TH E OUTSTANDING TAX DEMAND. IN THE PRESENT STAY APPLICATION THE OU TSTANDING DEMAND OF RS.5,75,075/- INCLUDES TAX AT RS.3,37,875 /- AND INTEREST AT RS.2,36,200/-. THE ASSESSEE IS QUITE HOPEFUL TO SUCCEED IN THE APPEAL BEFORE THE TRIBUNAL. 3. THE LD. DEPARTMENTAL REPRESENTATIVE RAISED THE O BJECTION AGAINST THE STAY APPLICATION MADE BY THE ASSESSEE AND DEMAN DED THAT NO STAY SHOULD BE GIVEN. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE RECORD PLACED BEFORE US. THIS STAY APPLICATION IS FOR OUTSTANDIN G DEMAND OF RS.5,74,075/- WHICH INCLUDES TAX OF RS.3,37,875/- A ND INTEREST OF RS.2,36,200/-. WE FIND THAT THE ASSESSEE HAS PAID RS.2,09,625/- AGAINST THE TAX DEMAND OF RS.5,47,500/-. AYUSH SHARMA S.A.NO.52/IND/2018 3 5. ON DUE CONSIDERATION OF THE FACTS AS WELL AS THE PLEADINGS BY THE LD. COUNSEL FOR THE ASSESSEE, WE ARE OF THE VIEW TH AT THE ASSESSEE HAS PRIMA FACIE CASE ON MERITS. WE THEREFORE ALLOW THE STAY APPLICATION AND STAY THE RECOVERY OF OUTSTANDING DE MAND FOR A PERIOD OF 180 DAYS FROM THE DATE OF THIS ORDER OR T ILL THE DISPOSAL OF THE APPEAL WHICHEVER EVEN OCCURS FIRST, SUBJECT TO THE CONDITION THAT THE ASSESSEE SHALL MAKE A PAYMENT OF RS.64,125/- TO WARDS OUTSTANDING TAX THEREBY MAKING PAYMENT OF 50% OF TA X LIABILITY. THIS SUM OF RS.64,125/- IS REQUIRED TO BE PAID BY T HE ASSESSEE ON OR BEFORE 30.09.2018. 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. 8. IN THE RESULT THE STAY APPLICATION OF THE ASSESS EE IS ALLOWED ON THE TERMS INDICATED IN THE FORGOING PARAGRAPH. AYUSH SHARMA S.A.NO.52/IND/2018 4 THE ORDER PRONOUNCED IN THE OPEN COURT ON 17.9.2 018. 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