WATER WORKS ENGINEERING,COIMBATORE V. ITO, CORP. WARD-1(1), COIMBATORE

SA 40/CHNY/2025

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The case involves Water Works Engineering, the appellant, seeking a stay from the Income Tax Appellate Tribunal against the recovery of an outstanding disputed tax demand of \\u20b9.1,67,46,329/- for the assessment year 2018-19. The appellant proposed to pay 20% of the demand in three installments, which was contested by the respondent, the Income Tax Officer, Non Corporate Ward 1(1), Coimbatore, citing a prior order from the CIT(A) that sanctioned the payment in installments. The Tribunal considered the submissions and granted the stay under the condition of installment payments.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107454 (ITAT-CHENNAI)
• Appeal Type: Stay Application
• Pronouncement Date: 09-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2018-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N. MADAN KUMAR
• Assessee Lawyers: N.C. RAVIKRISHNAN
• Keywords: Application of stay

Judgement Text

"आयकर अपीलीय अिधकरण, ’बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी जगदीश, लेखा सद˟ क े समƗ । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member S.A. No. 40/Chny/2025 [In I.T.A. No. 837/Chny/2025] िनधाŊरण वषŊ/Assessment Year: 2018-19 Water Works Engineering, 65-B, Gurusamy Nagar, Thanneer Pandhal, Peelamedu Post, Coimbatore 641 004. [PAN: AABFW6153H] Vs. The Income Tax Officer, Non Corporate Ward 1(1), Coimbatore. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri N.C. Ravi Krishnan, Advocate ŮȑथŎ की ओर से/Respondent by : Shri N. Madan Kumar, JCIT सुनवाई की तारीख/ Date of hearing : 04.04.2025 घोषणा की तारीख /Date of Pronouncement : 04.04.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This stay application is filed by the petitioner seeking grant of stay from recovery of outstanding disputed demand of ₹.1,67,46,329/- till the final disposal of the appeal of the petitioner for the assessment year 2018-19. 2. The ld. AR Shri N.C. Ravi Krishnan, Advocate submits that the outstanding disputed demand as on today is ₹.1,67,46,329/- and the S.A. No.40/Chny/25 2 assessee is ready to 20% of the same in three instalments. He further submits that the assessee may not deposit any quick instalment, but, however, prayed to give one instalment in a month. Accordingly, he suggested that the first instalment on or before 30.04.2025, 2nd instalment on or before 31.05.2025 and 3rd instalment on or before 30.06.2025. Further, he submits that 20% of the outstanding demand is ₹.33,49,256.80 and one instalment comes to ₹.11,16,420/-. 3. The ld. DR Shri N. Madan Kumar, JCIT drew our attention to the order of the ld. CIT(A) dated 28.03.2025 and submits that the ld. PCIT already sanctioned the payment of outstanding dues of taxes in instalments. He vehemently argued this Tribunal should not grant any stay unless the assessee deposits as per the directions of the ld. PCIT. 4. Having heard both the parties, we note that the assessee clearly stated the outstanding tax demands at ₹.1,67,46,329/- vide Col. 9 of the stay petition and 20% comes to ₹.33,49,257/- (rounded off). Taking into consideration of the submissions of the ld. AR and facts and circumstances of the case, the stay is granted for 180 days subject to the condition that the assessee shall deposit 20% of the outstanding demand in three instalment, the first instalment of ₹.11,16,419/- on or S.A. No.40/Chny/25 3 before 30.04.2025, 2nd instalment on or before 31.05.2025 and the balance in 3rd instalment on or before 30.06.2025 and proof of deposit shall be produce before the Registry. It is needless to mention that in any case, if the assessee fails to deposit instalments, the stay of recovery of outstanding demand stands automatically vacated. The main appeal is posted for hearing on 03.07.2025 and pronounced in the open Court. Thus, separate hearing notice is dispensed with. 5. In the result, the stay application filed by the assessee is allowed. Order pronounced on 04th April, 2025 at Chennai. Sd/- Sd/- (JAGADISH) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 04.04.2025 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. "