TILAK RAJ BAISLA,FARIDABAD V. PRINCIPAL COMMISSIONER OF INCOME TAX, FARIDABAD, FARIDABAD

SA 100/DEL/2025

AI Insights

The case involves Tilak Raj Baisla, the applicant, who sought a stay on the assessment proceedings initiated by the Principal Commissioner of Income Tax, Faridabad, following an order under section 263 of the Income Tax Act, 1961. The assessee's appeal against this order was initially listed before an 'SMC' Bench and later requested to be transferred to a Division Bench. The Tribunal considered the urgency due to the impending expiration of the limitation period for the assessment order and decided to grant an early hearing but rejected the stay on the proceedings.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472463 (ITAT-DELHI)
• Appeal Type: Stay Application
• Pronouncement Date: 28-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAHIL KUMAR BANSAL
• Keywords: Application of stay

Judgement Text

" आयकर अपीलीय अिधकरण िदʟी पीठ “जी”, िदʟी ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं मनीष अŤवाल, लेखाकार सद˟ क े समƗ IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER SA No.100/Del/2025 (Arising out of ITA No. 1659/Del/2024, A.Y 2014-15) Tilak Raj Baisla, Village, Mewla Maharaj Pur, Sector 46, Faridabad, Haryana PAN: AGUPB-8273-C ...... आवेदक/Applicant बनाम Vs. Principal Commissioner of Income Tax, Faridabad, Haryana ..... ᮧितवादी/Respondent आवेदक/Applicant : Shri D C Garg, Chartered Accountant ŮितवादीȪारा/Respondent by : Shri Sahil Kumar Bansal, Sr. DR सुनवाई कᳱ ितिथ/ Date of hearing : 28/02/2025 घोषणा कᳱ ितिथ/ Date of pronouncement : 28/02/2025 आदेश/ORDER PER VIKAS AWASTHY, JM: This application has been filed by the assessee seeking stay of assessment proceedings consequent to order passed u/s. 263 of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) dated 14.03.2024. 2. Shri D.C Garg, appearing on behalf of the assessee submitted that the assessee had filed appeal against the order of Principal Commissioner of Income Tax (PCIT), passed u/s. 263 of the Act: Initially the appeal was listed for hearing before ‘SMC’ Bench. The appeal was adjourned on the request from Department’s side. In the mean time, the assessee made an application for transfer of appeal to Division Bench. On 19.12.2024 the ‘SMC’ Bench adjourned the hearing of appeal to 21.01.2025 and directed to put up application of the assessee before the Hon’ble Vice President, Delhi Zone for necessary orders. On 17.01.2025, the appeal was again listed before ‘SMC’ 2 SA No.100/DEL/2025 Bench, the Bench directed the Registry to list the appeal before ‘G’ Bench on 03.04.2025. The ld. AR submitted that the Assessing Officer (AO) is in the process of completing the assessment consequent to order passed u/s. 263 of the Act. The limitation for passing assessment order is expiring on 31.03.2025, he therefore prayed that the assessment proceedings may be stayed. Without prejudice to his primary contention, he made an alternate prayer that the date of hearing of appeal may be preponed to a date before time barring of assessment. 3. Shri Sahil Kumar Bansal, representing the department raised no objection to grant of early hearing of appeal. 4. Both sides heard. Considering entire facts of the case, we deem it appropriate to grant early hearing of appeal, as the appeal arising out of order passed u/s. 263 of the Act are to be taken up on priority. The Registry is directed to list the appeal on 17.03.2025 First on Board. In so far as the primary contention of the assessee for staying the assessment proceeding, we find no merit; hence, the prayer for stay is rejected. 5. Since, the date of hearing of appeal has been announced in the open court in presence of both the sides, therefore, issuance of separate notice is dispensed with. 6. In the result, Stay Application of the assessee is dismissed. Order pronounced in the open court on Friday the 28th day of February, 2025. Sd/- Sd/- (MANISH AGARWAL) (VIKAS AWASTHY) लेखाकार सद˟/ACCOUNTANT MEMBER Ɋाियक सद˟/JUDICIAL MEMBER िदʟी / Delhi, ᳰदनांक/Dated 28/02/2025 3 SA No.100/DEL/2025 NV/- ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. The PCIT/CIT(A) 4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी 5. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, DELHI "