SANJAY MOHANLAL BAFNA,PUNE V. ACIT, CIRCLE 5, PUNE

SA 5/PUN/2025

AI Insights

The case involves Sanjay M. Bafna, the assessee, who filed Stay Applications against the realization of outstanding demands related to a quantum appeal and a penalty appeal under section 270A of the Income Tax Act, 1961. The Tribunal had previously heard the quantum appeal on 27.01.2025, and the order was awaited. The assessee's bank account was attached by the Revenue without prior notice, leading to the filing of the Stay Applications. The Tribunal considered the submissions and the status of the quantum appeal and decided to grant the stay on the demands and the coercive actions by the department.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24642 (ITAT-PUNE)
• Appeal Type: Stay Application
• Pronouncement Date: 10-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND DESAI
• Assessee Lawyers: NIKHIL S PATHAK
• Keywords: Application of stay

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER SA Nos.5 & 6/PUN/2025 Arising out of ITA Nos.2047 & 2868/PUN/2024 Assessment year : 2018-19 Sanjay M. Bafna A 33, Sagar Bunglow, Vidyasagar Colony, Market Yard, Pune – 411037 Vs. ACIT, Circle 5, Pune PAN: ABTPB8135H (Applicant) (Respondent) Assessee by : Shri Nikhil S Pathak Department by : Shri Arvind Desai Date of hearing : 07-02-2025 Date of pronouncement : 10-02-2025 O R D E R PER R. K. PANDA, VP : The assessee through these Stay Applications has requested the Tribunal to grant stay on the realization of the outstanding demand of Rs.38,24,86,228/- against the quantum appeal and Rs.25,76,53,741/- against the penalty appeal which is levied u/s 270A of the Income Tax Act, 1961. 2. The Ld. Counsel for the assessee at the outset submitted that the quantum appeal of the assessee has already been heard on 27.01.2025 and the order is 2 SA Nos.5 & 6/PUN/2025 awaited. In the meantime, the Revenue has attached the bank account of the assessee without informing the assessee and the assessee came to know about the same from the bank. He submitted that the assessee has filed two Stay Applications i.e. one against the quantum appeal and the other one against the penalty appeal. Since the quantum appeal has already been heard and the order is awaited and since it has a bearing on the penalty appeal, therefore, full stay should be granted to the assessee on the realization of outstanding demand of Rs.38,24,86,228/- against the quantum appeal and Rs.25,76,53,741/- against the penalty appeal. 3. The Ld. DR on the other hand fairly conceded that the quantum appeal of the assessee have already been heard and the order is awaited. 4. After hearing both sides, we find that the quantum appeal of the assessee has already been heard on 27.01.2025 and the order is awaited. Under these circumstances, we stay the realization of the outstanding demand of Rs.38,24,86,228/- against the quantum appeal and Rs.25,76,53,741/- against the penalty appeal, for a period of two months from today or till the disposal of the appeal, whichever is earlier. The department is directed to vacate the attachment of the bank account and not to take any coercive action till that time. We hold and direct accordingly. 3 SA Nos.5 & 6/PUN/2025 5. In the result, both the Stay Applications filed by the assessee are allowed. Order pronounced in the open Court on 10th February, 2025. Sd/- Sd/- (ASTHA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 10th February, 2025 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘B’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune 4 SA Nos.5 & 6/PUN/2025 S.No. Details Date Initials Designation 1 Draft dictated on 07.02.2025 Sr. PS/PS 2 Draft placed before author 10.02.2025 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order "