Shri Kalpeshkumar M Vaghasiya, Surat V. Income Tax Officer,Ward -1(2)(2), Surat

SA 73/SRT/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8889 (ITAT-SURAT)
• Duration Of Justice: 8 month(s) 21 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 11-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL R SHAH
• Section: 144

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER S.A NO.73/SRT/2018 (ARISING IN ITA NO.579/SRT/2018) / ASSESSMENT YEAR: 2014-15 SHRI KALPESH M. VAGHASIA, A/1, SATYAM BUILDING DIAMOND PARK, WARD-1(2)(2), STATION ROAD, SACHIN CHORYASI, SURAT 394 520. [PAN: ACTPV 9244L] VS. INCOME TAX OFFICER, WARD-1(2)(2), SURAT. ( / PETITIONER) ( !'$ /RESPONDENT) / PETITIONER BY : SHRI MEHUL R. SHAH, C.A., /RESPONDENT BY : SHRI VINOD KUMAR, SR. D.R /DATE OF HEARING : 26-10-2018 / DATE OF PRONOUNCEMENT : 26-10-2018 / ORDER PER C.M.GARG, JUDICIAL MEMBER: THE STAY PETITION HAS BEEN FILED BY THE ASSESSEE SEEKING STAY FOR OUTSTANDING DEMAND OF RS. 24,79,250/- FOR ASSES SMENT YEAR (A.Y) 2014-15. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH SIDES AND CA REFULLY PERUSED THE RELEVANT MATERIAL PLACED ON THE RECORD OF THE TRIBUNAL. 2 S.A NO.73 /SRT/2018 (A.Y: 2014-15 ) SHRI KALPESH M. VAGHASIA THE LD. ASSESSEES REPRESENTATIVE (AR) SUBMITTED TH AT THE AO HAS PASSED EXPARTE ORDER U/S. 144 OF THE INCOME TAX ACT , 1961 (FOR SHORT THE ACT) WITHOUT AFFORDING DUE OPPORTUNITY OF HEA RING TO THE ASSESSEE AND SIMILARLY THE LD. CIT(A) HAS ALSO PASSED EXPART E ORDER WITHOUT EVEN CONSIDERING THE WRITTEN SUBMISSIONS AND EXPLAN ATION OF THE ASSESSEE. THE ID. AR SUBMITTED THAT THE ASSESSEE HA S PAID RS. 3,72,000/- AND THEREAFTER REMAINING OUTSTANDING IS RS. 21,09,250/- AND THE ASSESSEE HAS NO LIQUIDITY TO PAY ANY FURTHER AM OUNT AS PART PAYMENT OF OUTSTANDING DEMAND, THEREFORE, STAY AGAI NST RECOVERY OF ENTIRE OUTSTANDING DEMAND MAY KINDLY BE GRANTED. AL TERNATIVELY, THE ID. AR SUBMITTED THAT IF IT IS NOT FOUND TO GRANT S TAY THEN EARLY HEARING IN THE RELEVANT APPEAL MAY KINDLY BE GRANTED. 3. THE ID. DEPARTMENTAL REPRESENTATIVE (DR) STRONGLY O PPOSED TO THE GRANT OF STAY. HOWEVER, IN ALL FAIRNESS, THE ID . DR SUBMITTED THAT THE DEPARTMENT HAS NO OBJECTION IF ASSESSEE IS GRAN TED EARLY HEARING IN THE RELEVANT APPEAL. 4. ON CAREFUL CONSIDERATION OF ABOVE RIVAL SUBMISSIONS , AT THE VERY OUTSET WE MAY POINTED OUT THAT THE ASSESSEE HAS PAI D ONLY RS. 3,72,000/- AGAINST THE HUGE OUTSTANDING DEMAND AND THE ASSESSEE IS NOT WILLING TO PAY ANY PART OF REMAINING OUTSTANDIN G DEMAND. ADMITTEDLY, THE LD. CIT(A) HAS PASSED FIRST APPELLA TE ORDER IN ABSENCE 3 S.A NO.73 /SRT/2018 (A.Y: 2014-15 ) SHRI KALPESH M. VAGHASIA OF THE ASSESSEE AND THE ASSESSEE HAS CHALLENGED THE ORDERS ON PROCEDURE, VIOLATION OF PRINCIPLES OF NATURAL JUSTI CE AS WELL AS ON MERITS. AT THIS STAGE, WE ARE NOT REQUIRED TO ADJU DICATE THE MERITS OF THE CASE. HOWEVER, SINCE THE ASSESSEE IS NOT WILLIN G TO PAY ANY PART OF OUTSTANDING DEMAND THEN THE STAY OF OUTSTANDING DEMAND CANNOT BE GRANTED. HOWEVER, ALTERNATIVE PRAYER OF ASSESSEE I.E., GRANT OF EARLY HEARING IN THE RELEVANT APPEAL IS ALLOWED AND RELEVANT APPEAL IN ITA NO.579/SRT/2018 FOR AY 2014-15 IS FIXED FOR HEA RING BEFORE REGULAR BENCH ON 26.11.2018. 5. IN THE RESULT, PRAYER OF THE ASSESSEE FOR STAY O F OUTSTANDING DEMAND IS DISMISSED AND EARLY HEARING IN THE RELEVA NT APPEAL IS GRANTED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 26 TH OCTOBER, 2018. SD/- SD/- / SURAT ; DATED : 26 TH OCTOBER, 2018 / EDN ! & / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT ; 3. $ ( ) / THE CONCERNED CIT(A); 4. THE CONCERNED PRL. CIT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE . ( ) (O.P.MEENA) / ACCOUNTANT MEMBER ( ) (C.M.GARG) / JUDICIAL MEMBER