THE DALLA CO OP AGRI MULTIPURPOSE SOCIETY LIMITED,JALANDHAR V. INCOME TAX OFFICER WARD-, PHAGWARA

SA 7/ASR/2025

AI Insights

The case involves The Dalla Cooperative Agri Multipurpose Society Ltd., which filed an application for a stay of demand for the assessment year 2018-19 concerning an appeal pending before the Hon'ble Tribunal. The appeal, ITA No. 593/Asr/2025, was filed against the order of the CIT(A), NFAC, Delhi. The assessee had already deposited a significant portion of the tax demand and sought a stay on the remaining amount until the appeal's resolution. The Departmental Representative did not object to the stay application. The Tribunal, considering the circumstances and the substantial deposit made by the assessee, decided to grant the stay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 784554 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 10-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 02-09-2025
• Laws Referred To: Income Tax Act 61
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHARAN DASS
• Assessee Lawyers: LAKSHAY BANSAL
• Keywords: Application of stay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. UDAYAN DAS GUPTA, JUDICIAL MEMBER SA No.7/Asr/2025 (Arising out of in I.T.A. No.593/Asr/2025) Assessment Year: 2018-19 The Dalla Cooperative Agri Multipurpose Society Ltd. C/o B.D. Bansal & Co. B-641 Ground Floor Near A Block Gurudwara, Ranjit Avenue, Amritsar. [PAN: AACAT2201M] (Appellant) Vs. ITO, Ward-4, Phagwara. (Respondent) Appellant by Sh. Lakshay Bansal, CA Respondent by Sh. Charan Dass, Sr. DR Date of Hearing 26.09.2025 Date of Pronouncement 10.11.2025 ORDER Per: Udayan Das Gupta, JM: The assessee has filed this application for stay of demand for the assessment year 2018-19 with reference to the appeal pending before the Hon’ble Tribunal being ITA No. 593/Asr/2025 filed on 02.09.2025 which has emanated from the Printed from counselvise.com SA No.7/Asr/2025 (Arising out of in I.T.A. No.593/Asr/2025) Assessment Year: 2018-19 2 order of the ld. CIT(A), NFAC, Delhi passed u/s 250 of the Income Tax Act 61, dated 28/02/2025. 2. In course of hearing, the ld. AR of the assessee submitted that the total demand in this case, as per demand notice u/s 156 is Rs.14, 73, 166/-. He further submitted that 20% of the said amount is Rs.2,94,633/-. The assessee as a gesture of cooperation towards the department as already deposited an amount of Rs.5,73,634/- vide Challan details as below: Amount Challan No. Date Rs.2,93,004/- 27460 17.09.2022 Rs.2,80,630/- 17260 17.09.2022 The total deposit till date amounting to Rs.5,73,634/- is approximately 40% of the total demand. As such, he prayed that the balance outstanding demand amounting to Rs.8,99,532/- may please be stayed till disposal of the appeal by the Hon’ble Tribunal. 3. The ld. DR has no objection. 4. Considering the factual aspect of the matter we find that the assessee has already deposited approximately 40% of the tax demand, pending appeal before the Hon’ble Tribunal. 4.1 As such, in the interest of justice, as per 1st proviso to section 254(2A) we stay the balance demand of Rs.8,99,532/- for a period of three months (Ninety Printed from counselvise.com SA No.7/Asr/2025 (Arising out of in I.T.A. No.593/Asr/2025) Assessment Year: 2018-19 3 days) from this date or till the disposal of the appeal by the Hon’ble Tribunal whichever is earlier. 4.2 The assessee has agreed to appear and plead his case on the date to be fixed for hearing and shall not seek adjournment. 5. In the result, the stay application is allowed in the terms indicated above. Order pronounced on 10.11.2025 under Rule 34(4) of the Income Tax Appellate Tribunal Rules 1963. Sd/- Sd/- (Dr. M. L. Meena) (Udayan Das Gupta) Accountant Member Judicial Member AKV Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By Order Printed from counselvise.com "