SHRI CHANDRAPAL GURUWANI, BILASPUR V. INCOME TAX OFFICER, WARD-1(1), BILASPUR

SA 7/RPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6510 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 2 month(s) 2 day(s)
• Appeal Type: TDS Appeal
• Pronouncement Date: 08-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 06-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VEEKASH SHARMA
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH , RAIPUR BEFORE S HRI N.K. BILLAIYA (AM) AND SHRI RAM LAL NEGI (JM) SA NO. 07 /RPR /20 1 8 ARISING OUT OF ITA NO. 217 /RPR / 2017 ASSESSMENT YEAR - 2007 - 08 CHANDRAPAL GURUWANI, S/O LATE SHRI MOHAN LAL GURUWANI, TI RTNANI GALI, SARKANDA, BILASPUR (C.G.) PAN: AHAPG5149H VS. THE INCOME TAX OFFICER , WARD - 1(1 ), BILASPUR (C.G.) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VEEKASH SHARMA (CA ) REVENUE BY : SHRI SANJAY KUMAR (DR) DATE OF HEARING: 08 /03 /201 8 DATE OF PRONOUNCEMENT: 08 / 0 3 /201 8 O R D E R PER RAM LAL NEGI, JM BY WAY OF T HIS APPLICATION THE ASSESSEE HAS SOUGHT STAY OF RECOVERY OF DEMAND AMOUNTING TO RS. 22,25,200 / - RAISED BY THE REVENUE ON THE BASIS OF THE APPELLATE ORDER DATED 24.03.2017 PASSED BY THE LD. CIT(A) IN THE ASSESSEES APPEAL PERTAI NING TO THE ASSESSMENT YEAR 2014 - 15 , VIDE WHICH THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE AND CONFIRMED THE ADDITION MADE BY THE AO. 2 BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT DURING THE FINANCIAL YEAR RELEVANT TO THE ASSESSMENT YEAR UNDER CONSIDERATION, THE ASSESSEE PURCHASED A PLOT FOR A TOTAL CONSIDERATION OF RS. 39,51,500/ - JOINTLY WITH SH. VINOD JAISWAL . THE AO COMP LETED THE ASSESSMENT ORDER U/S 144/147 2 SA NO. 07/RPR /2018 ASSESSMENT YEAR: 2007 - 08 OF THE INCOME TAX ACT ( FOR SHORT THE ACT) AND DETERMINED THE TOTAL INCOME OF THE ASSESSEE AT RS. 17,54,800/ - AS AGAINST THE RETURNED INCOME OF RS. 98,470/ - , AFTER MAKING ADDITION OF RS. 16,56,330/ - (THE AMOUNT PAI D BY THE ASSESSEE FOR PURCHASING THE PLOT AFORESAID). IN THE FIRST APPEAL, THE LD. CIT (A) CONFIRMED THE ADDITION MADE BY THE AO. THE ASSESSEE HAS PREFERRED APPEAL ITA NO. 217/RPR/2017 AGAINST THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) , WHICH IS PENDING A DJUDICATION IN THIS TRIBUNAL. 3. THE LD. COUNSEL FURTHER SUBMITTED THAT ASSESSEE HAS SUFFICIENT DOCUMENTARY EVIDENCE TO EXPLAIN THE SOURCE OF INVESTMENT MADE BY THE ASSESSEE AS THE ENTIRE PAYMENT WERE MADE THROUGH BANKING CHANNEL. THE LD. COUNSEL FURTHER SUBMITTED THAT THE TAX RECOVERY OFFICER, BI LAS PUR HAS ATTACHED THE PROPERTY OF THE ASSESSEE AND HAS STARTED THE PROCESS FOR AUCTION . THE ASSESSEE IS NOT IN A POSITION TO PAY THE OUTSTANDING DEMAND AT THIS STAGE . THE A SSESSEE HAS A GOOD PRIMA FACIE CASE AN D BALANCE OF CONVENIENCE IS ALSO IN FAVOUR OF THE ASSESSEE. IN VIEW OF THE AFORESAID FACTS AND CIRCUM STANCES, THE LD. COUNSEL SUBMITTED THAT RECOVERY OF THE OUTSTANDING DEMAND MAY BE STAYED IN THE INTEREST OF JUSTICE. 4. THE LD. DEPARTMENTAL REPRESENTATI VE OPPOSED THE APPLICATION AND SUBMITTED THAT THE ASSESSEE MAY BE DIRECTED TO PAY THE OUTSTANDING DEMAND. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND ALSO PERUSED THE MEMORANDUM OF APPEAL AND THE DOCUMENTS RELIED UPON BY THE ASSESSEE. AS PER THE DETAILS F URNISHED THE APPLICATION, THE TOTAL AMOUNT OF TAX AND SURCHARGE IS RS. 5,39 ,807/ - AND THE REMAINING AMOUNT PERTAIN S TO INTEREST AND PENALTY. IN OUR CONSIDERED VIEW, THE ASSESSEE HAS A PRIMA FACIE CASE AND THE APPEAL IS NOT LIKELY TO BE DISPOSED OF WITHIN A SHORT PERIOD TIME, WE ARE OF THE CONSIDERED VIEW THAT THIS IS A FIT CASE IN WHICH RECOVERY OF OUTSTANDING 3 SA NO. 07/RPR /2018 ASSESSMENT YEAR: 2007 - 08 DEMAND CAN BE STAYED IN THE INTEREST OF JUSTICE. ACCORDINGLY, WE ALLOW THE APPLICATION O F THE ASSESSE E AND STAY THE RECOVERY OF OUTSTANDING DEMAND FO R 180 DAYS FROM THE DATE OF THIS ORDER OR TILL DISPOSAL OF THE APPEAL BY THE ITAT, WHICHEVER IS EARLIER. IN THE RESULT, STAY APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH MARCH, 2018 . SD/ - SD/ - ( N.K. BILLAIYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER RAIPUR ; DATED: 08 / 0 3 / 201 8 ALINDRA PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , RAIPUR / DR, ITAT, RAIPUR 6. / GUARD FILE . / BY ORDER, //TRUE COPY// PRIVATE SECRETARY IT AT , RAIPUR