Gulshan Yadav, Indore V. ITO 4 (5), Indore

SA 69/Ind/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0436 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 10-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R P MOURYA
• 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. 69/IND/2018 ..'. / I.T.A. NOS. 473/IND/2018 # *+ , - .- / ASSESSMENT YEARS 2013-14 SHRI GULSHAN YADAV, 11 YADAV NIWAS BANGANGA MAIN ROAD, INDORE VS. INCOME TAX OFFICER 4(1) INDORE / // / APPLICANT / // / RESPONDENT . . ./ PAN : ABPPY4392P / // / 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 2 / // / O R D E R PER KUL BHARAT, J.M. : THE PRESENT STAY PETITION IS DIRECTED AT THE INSTANCE OF THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2013-14 AGAI NST THE DEMAND AMOUNTING TO RS.7,41,630/-. THIS STAY APPLI CATION IS ARISING OUT OF ITA NO.473/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.7,41,630/- IS RAISED BY THE REVENUE, THE ASSESSE E PREFERRED PRESENT STAY APPLICATION. HE FURTHER SUBMITTED TH AT THERE IS AN AMBIGUITY IN THE NOTICE ISSUED U/S 274 R.W.S. 271(1 )(C) OF THE ACT AS IT IS NOT CLEAR AS TO WHY SHOULD BE PENALTY BE INIT IATED IN THE CASE OF THE ASSESSEE AND UNDER WHICH LIMB OF SECTION 271(1) (C) OF THE ACT SHOULD THE PENALTY BE IMPOSED ON THE ASSESSEE. HE THEREFORE SUBMITTED THAT THE MATTER IS COVERED IN FAVOUR OF T HE ASSESSEE BY CERTAIN JUDICIAL PRONOUNCEMENTS AND PRAYED FOR STAY OF DEMAND TILL DISPOSAL OF THE APPEAL FILED BEFORE THE TRIBUNAL. 3. THE LD. DEPARTMENTAL REPRESENTATIVE RAISED HIS OBJECTION FOR GRANT OF STAY. 3 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. 7,41,630/- AND STATED THAT THE MATTER IS COVERED IN FAVOUR OF THE ASSESSEE BY CERTAIN JUDICIAL PRONOUNCEMENTS. CONSIDERING THE RI VAL SUBMISSIONS, WE DEEM IT FIT TO DISMISS THE STAY REQ UEST OF THE OUTSTANDING DEMAND. HOWEVER WE GRANT EARLY HEARING OF THE APPEAL LOOKING TO THE SUBMISSION OF THE ASSESSEE. ACCORDIN GLY, WE DIRECT THE REGISTRY TO FIX THE APPEAL OUT OF TURN FOR HEAR ING ON 14.1.2019 AND COMMUNICATE BOTH THE PARTIES THROUGH NOTICE ABO UT THE DATE OF HEARING. 5. IN THE RESULT THE STAY APPLICATION OF THE ASSESS EE IS DISPOSED OFF IN TERMS AS INDICATED HEREIN ABOVE. 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 4 COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUA RD FILE. BY ORDER ASSTT. REGISTRAR