SMT. GANGA DEVI EDUCATIONAL & CULTURAL SOCIETY,NEW DELHI V. ITO EXEMPTION 2(2), NEW DELHI

SA 240/DEL/2024

AI Insights

The case involves Smt. Ganga Devi Educational & Cultural Society, which filed a stay application against the Income Tax Officer, Exemption 2(2), New Delhi, seeking to halt the recovery of an outstanding demand of \'67,02,066 for the assessment year 2018-19. The tribunal noted the repeated absence of the assessee in multiple hearings and the lack of any material presented to establish a strong prima-facie case or balance of convenience in favor of the assessee. Consequently, the tribunal dismissed the application, citing a complete lack of interest and urgency from the assessee's side.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 31798 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Others
• Pronouncement Date: 04-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 04-10-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 18-07-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY KUMAR; SENIOR
• Keywords: Application of stay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY FRIDAY FRIDAY FRIDAY BENCH BENCH BENCH BENCH- - - -D D D D : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE BEFORE BEFORE BEFORE SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN , , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER Stay Application No. Stay Application No. Stay Application No. Stay Application No.240 240 240 240/Del/2024 /Del/2024 /Del/2024 /Del/2024 (In ITA No.3298 (In ITA No.3298 (In ITA No.3298 (In ITA No.3298/Del/2024) /Del/2024) /Del/2024) /Del/2024) Assessment Yea Assessment Yea Assessment Yea Assessment Year r r r : 20 : 20 : 20 : 2018 18 18 18- - - -19 19 19 19 Smt. Ganga Devi Educational & Smt. Ganga Devi Educational & Smt. Ganga Devi Educational & Smt. Ganga Devi Educational & Cultural Society, Cultural Society, Cultural Society, Cultural Society, FC/112, Tagore Garden, FC/112, Tagore Garden, FC/112, Tagore Garden, FC/112, Tagore Garden, New Delhi New Delhi New Delhi New Delhi – – – – 110 027. 110 027. 110 027. 110 027. PAN : AAAAS0204K. PAN : AAAAS0204K. PAN : AAAAS0204K. PAN : AAAAS0204K. Vs. Vs. Vs. Vs. Income Tax Officer, Income Tax Officer, Income Tax Officer, Income Tax Officer, Exemption 2(2), Exemption 2(2), Exemption 2(2), Exemption 2(2), New Delhi. New Delhi. New Delhi. New Delhi. (Appellant) (Respondent) Appellant by : None. Respondent by : Shri Sanjay Kumar, Senior DR. Date of hearing : 0 0 0 04.10 4.10 4.10 4.10.2024 .2024 .2024 .2024 Date of pronouncement : 0 0 0 04 4 4 4. . . .10 10 10 10.2024 .2024 .2024 .2024 ORDER ORDER ORDER ORDER Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice President President President President : : : : Captioned application has been filed by the assessee seeking stay on the recovery of outstanding demand of `67,02,066/- for the assessment year 2018-19. 2. At the outset, we must observe, the stay application was first listed for hearing on 26th July, 2024. However, none appeared on behalf of the assessee. Subsequently, when the matter was listed for hearing on 30th August, 2024, 13th September, 2024 and finally today, i.e., 4th October, 2024, except on one occasion on 30th August, 2024, the assessee has remained absent despite repeated notices being issued through RPAD/email. These facts show complete lack of interest on the part of the assessee to pursue the present application. It also reveals lack of urgency on the part of the assessee and the fact that there is no apparent or anticipated threat of the recovery of the demand. Therefore, we are of the view that no useful purpose would be served in keeping the present application pending and granting further opportunity to the assessee. Accordingly, we dispose of the Stay – 240/Del/2024 2 application ex-parte qua the assessee with the assistance of learned DR and based on material on record. 3. As could be seen on perusal of the stay application, the demand raised is as a result of the addition made on account of long term capital gain derived from sale of agricultural land. The assessee has not brought on record any material to establish either a strong prima-facie case or balance of convenience in its favour. In the aforesaid view of the matter, we do not find any good ground to stay even a part of the demand raised. Accordingly, the stay application is dismissed. 4. In the result, the stay application of the assessee is dismissed. Above decision was pronounced in the open Court on 4th October, 2024 on conclusion of hearing. Sd/- Sd/- ( ( ( (S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN) ) ) ) (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY) ) ) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar "