Kalpna Jhawar , Indore V. DCIT 2(1), Indore

SA 66/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0405 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 06-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R.P.MOURYA
• Assessee Lawyers: VARIOUS JUDGMENTS
• Keywords: Application of stay

Judgement Text

1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , !', #$ # % BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ! & ' . / S.A. NO. 66/IND/2018 ..'. / I.T.A. NOS. 690/IND/2018 # *+ , - .- / ASSESSMENT YEARS 2015-16 SMT. KALPANA JHAWAR, PROP. JHAWAR KOTA SAREE EMPORIUM, 61-62, BHARAT MARG, NALIYA BAKHAL, INDORE VS. DCIT-2(1), INDORE / // / APPLICANT / // / RESPONDENT . . ./ PAN : AEDPJ9297B / // / APPLICANT BY : SHRI RAJESH MEHTA,CA / // / RESPONDENT BY : SHRI R.P. MOURYA,SR.DR / // / DATE OF HEARING : 17.12.2018 / // / DATE OF PRONOUNCEMENT : 17.12.2018 / // / O R D E R PER KUL BHARAT, J.M. : THE PRESENT STAY PETITION IS DIRECTED AT THE INSTAN CE OF THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2015-16 AGAINST THE D EMAND AMOUNTING TO RS.11,22,444/-. THIS STAY APPLICATION IS ARISING O UT OF ITA NO.690/IND/2018 WHICH IS PENDING BEFORE THE TRIBUNAL FOR BEING LIST ED. 2 2. REFERRING TO THE STAY APPLICATION LD. COUNSEL FO R THE ASSESSEE SUBMITTED THAT THE ISSUES ON WHICH THE IMPUGNED DEMAND OF RS. 11,22,444/-, THE ASSESSEE HAS PREFERRED AN APPEAL BEFORE THE TRIBUNA L. HE FURTHER STATED THAT SINCE THE ASSESSEE HAD ALREADY PAID A SUM OF RS.16, 94,166/- AGAINST THE DEMAND OF RS.28,16,560/- WHICH IS MORE THAN 60% OF THE DEMAND AND THE ASSESSEE IS CONFIDENT THAT SHE WILL SUCCEED IN THE APPEAL BEFORE THE TRIBUNAL, THEREFORE IT WILL CAUSE GENUINE HARDSHIP AND INCONV ENIENCE TO THE ASSESSEE. 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 ASSESSEE HAS REQU ESTED FOR STAYING THE OUTSTANDING DEMAND OF RS.11,22,444/-. IT HAS BEEN PLEADED THAT THE ASSESSEE IS QUITE HOPEFUL TO SUCCEED IN THE APPEAL NO.690/IN D/18 AS THE ISSUES RAISED THEREIN ARE COVERED IN FAVOUR OF THE ASSESSEE BY VA RIOUS JUDGMENTS. 5. ON DUE CONSIDERATION OF THE FACTS WE ARE OF THE VIEW THAT ASSESSEE HAD ALREADY PAID A SUM OF RS.16,94,166/- AGAINST THE DE MAND OF RS.28,16,560/- WHICH IS MORE THAN 60% OF THE DEMAND AND THE ASSESS EE IS CONFIDENT THAT SHE WILL SUCCEED IN THE APPEAL BEFORE THE TRIBUNAL. 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 TILL THE DISPOS AL OF THE APPEAL WHICHEVER EVENT OCCURS FIRST, SUBJECT TO THE CONDITION THAT T HE ASSESSEE SHALL DEPOSIT RS. 3 LAKHS FROM THE OUTSTANDING DEMAND I.E. RS.11,22,44 4/- WITHIN TWO WEEKS. 3 6. IN CASE OF BREACH OF ANY OF THE CONDITION STATED HEREIN ABOVE, THE STAY GRANTED SHALL AUTOMATICALLY BE VACATED UNLESS DIREC TED OTHERWISE BY THE BENCH. 7. WE ALSO DIRECT THE REGISTRY TO FIX THE APPEAL OU T OF TURN FOR HEARING ON 14.1.2019 AND COMMUNICATE BOTH THE PARTIES 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. THE ORDER PRONOUNCED IN THE OPEN COURT ON 17.12.20 18. S D / - S D / - ( !' ) #$ (MANISH BORAD) ACCOUNTANT MEMBER ( ) (KUL BHARAT) JUDICIAL MEMBER INDORE; 1' DATED :17/12/2018 /DEV COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT. REGISTRAR