Northern Coal Fields Limited, V. Commissioner of Income tax,

SA 8/JAB/2014

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1133 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 08-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Assessee Lawyers: G S AGARWAL; ABHIJEET SHRIVASTAVA
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER STAY APPLICATION NO.08/JAB/2014 (ARISING OUT OF ITA NO.97/JAB/2014 ASSESSMENT YEAR: 2009-10 NORTHERN COALFIELDS LIMITED, VS. COMMISSIONER OF INCOME TAX, SINGRAULI. JABALPUR. (PAN: AABCN 4884 H). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.S. AGARWAL, SR. ADVOCATE & SHRI ABHIJEET SHRIVASTAVA RESPONDENT BY : SHRI ABHISHEK SHUKLA, D.R. DATE OF HEARING : 23.09.2014 DATE OF PRONOUNCEMENT : 26.09.2014 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: BY WAY OF THIS APPLICATION, THE ASSESSEE APPLICANT SEEKS A STAY ON THE ASSESSING OFFICER GIVING EFFECT TO THE REVISION ORD ER DATED 11 TH FEBRUARY, 2014 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX, J ABALPUR, WHICH IS IMPUGNED IN APPEAL BEFORE US. 2 S.A. NO.08/JAB/2014 A.YS. 2009-10 2. SHRI AGARWAL, LEARNED SENIOR COUNSEL FOR THE ASS ESSEE, SUBMITS THAT THE ASSESSEE HAS A STRONG PRIMA FACIE CASE IN APPEAL AG AINST THE REVISION ORDER AND THERE ARE SEVERAL JUDICIAL PRECEDENTS BY CO-ORDINATE BENC HES OF THIS TRIBUNAL IN FAVOUR OF THE ASSESSEE. HE, SUBMITS THAT IN CASE THE ASSESSI NG OFFICER, HOWEVER, GOES AHEAD TO PASS THE ASSESSMENT ORDER, GIVING EFFECT TO THE REVISION ORDER, HUGE TAX DEMANDS WILL BE RAISED ON THE ASSESSEE CAUSING UNDUE HARDSH IP AND WHOLLY AVOIDABLE INCONVENIENCE. OUR ATTENTION IS DRAWN TO THE JUDIC IAL PRECEDENTS IN FAVOUR OF THE ASSESSEE. 3. SHRI SHUKLA, LEARNED DEPARTMENTAL REPRESENTATIVE , SUBMITS THAT IN THE ABSENCE OF ANY SPECIFIC PROVISION IN THE STATUTE CO NFERRING POWERS ON THE TRIBUNAL TO GRANT STAY ON ASSESSMENT PROCEEDING RESULTED BY REVISION ORDER, THE PRAYER OF THE ASSESSEE SHOULD NOT BE ACCEPTED. WITHOUT PREJUDICE TO THIS CONTENTION, HE FURTHER SUBMITS THAT IT IS NOT A FIT CASE FOR STAY AND THE ASSESSMENT PROCEEDINGS SHOULD NOT BE DISTURBED. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE MATERIAL ON RECORD, WE ARE OF THE CONSIDERED VIEW WHILE IT IS N OT A FIT CASE TO GRANT STAY ON THE ASSESSMENT PROCEEDINGS PER SE, THE ENDS OF JUSTICE WILL BE MET BY DIRECTING THE 3 S.A. NO.08/JAB/2014 A.YS. 2009-10 ASSESSING OFFICER NOT TO PASS THE RESULTANT ASSESSM ENT ORDER TILL 31.12.2014 OR TILL THE RELATED APPEAL IS DISPOSED OF WHICHEVER IS EA RLIER. AS FOR THE TECHNICAL OBJECTION ON OUR POWERS, AS RAISED BY THE LEARNED D EPARTMENTAL REPRESENTATIVE, SUFFICE TO SAY THAT, AS HELD BY HONBLE HIGH COURTS IN THE CASES OF ITO VS. KHALID KHAN (110 ITR 79), PURANMAL VS. ITO (98 ITR 39), RI TZ LIMITED VS. VYAS (185 ITR 311) AND CIT VS. ITAT (78 DTR 113), STAYING ASS ESSMENT PROCEEDINGS PENDING BEFORE THE ASSESSING OFFICER IS PART OF EXE RCISE OF APPELLATE POWERS OF THE TRIBUNAL UNDER SECTION 254(1) TO PREVENT HARASSMENT AND MULTIPLICITY OF PROCEEDINGS, BUT, OF COURSE, IT IS TO BE DECIDED ON THE FACTS OF EACH CASE WHETHER IT IS A FIT CASE FOR EXERCISE OF SUCH POWERS. ON THE FACTS OF THIS CASE, IN OUR CONSIDERED VIEW, WE MUST EXERCISE THIS POWER IN THE LIMITED MANNER AS INDICATED ABOVE. 5. IN THE RESULT, THE STAY APPLICATION IS ALLOWED I N THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON 26 TH DAY OF SEPTEMBER, 2014. SD/- SD/- (C.M. GARG) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 26 TH SEPTEMBER, 2014 4 S.A. NO.08/JAB/2014 A.YS. 2009-10 PBN/* COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, JABALPUR