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Manik Singh S/o. Dr. Meharban Singh, A-47, Sector-31, Noida Uttar Pradesh Noida vs. DCIT Room No. 408, 4th Floor, A- 2D, Aayakar Bhawan, Sector-24 Noida
November, 13th 2018
                                     1                      S.A Nos. 739/Del/2018



               IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCH: `E' NEW DELHI

            BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
                                     AND
               MS SUCHITRA KAMBLE, JUDICIAL MEMBER
                        S. A NO. 739/Del/2018
                                  In
                (ITA No. 6469/DEL/2018 ( A.Y 2015-16)

     Manik Singh                         Vs   DCIT
     S/o. Dr. Meharban Singh,                 Room No. 408, 4th Floor, A-
     A-47, Sector-31, Noida                   2D, Aayakar Bhawan,
     Uttar Pradesh                            Sector-24
     Noida                                    Noida
     AHJPS6020L
      (APPELLANT)                             (RESPONDENT)



                Appellant by      Sh. S. C. Kansal, CA
                Respondent by     Ms. Paramita. M.       Biswas,
                                  CIT(DR)

                  Date of Hearing             12.11.2018
                  Date of Pronouncement       12.11.2018



                                   ORDER

PER SUCHITRA KAMBLE, JM

     This Stay Application is filed by the assessee against the outstanding
demand of Rs. 8,59,864/-raised by the Revenue.


2.   The Ld. AR submits that there is huge pressure on recovery of demand
from Income Tax Department. Therefore, the Stay may be granted. The Ld. AR
submitted that the assessee is not having any bank balance or liquidity to
make the payment of tax in dispute and if the department proceeds further to
                                        2                         S.A Nos. 739/Del/2018


recover the tax in dispute, great hardship will be caused to the assessee and
business of the assessee will be suffered.


3.    The Ld. DR vehemently opposed the same.


4.    We have heard both the parties and perused the material available on
record.   The assessee applicant has not made out the case that there is
financial constraint. From the perusal of the Balance Sheet and Profit & Loss
account it can be found that the assessee applicant has investment of Rs.
6,52,13,564/-. Thus, there is no prima facie case made out by the Assessee for
granting any stay to the assessee. The Stay is rejected. But in the interest of
justice, we are granting early hearing to the assessee and directed the registry
to place the Appeal being ITA No. 6469/Del/2018 on 18/02/2019. The parties
are informed accordingly.







5.    In result, Stay Application of the assessee is dismissed.
Order pronounced in the Open Court on 12th        November, 2018.
     Sd/-                                                     Sd/-

(N. K. BILLAIYA)                                       (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER                                       JUDICIAL MEMBER


Dated:        12/11/2018
R. Naheed

Copy forwarded to:

1.                          Appellant
2.                          Respondent
3.                          CIT
4.                          CIT(Appeals)
5.                          DR: ITAT
                            3                           S.A Nos. 739/Del/2018


                                         ASSISTANT REGISTRAR
                                            ITAT NEW DELHI




Date of dictation                                    12.11.2018

Date on which the typed draft is placed before the 12.11.2018
dictating Member

Date on which the typed draft is placed before the
Other Member

Date on which the approved draft comes to the Sr.
PS/PS

Date on which the fair order is placed before the
Dictating Member for pronouncement






Date on which the fair order comes back to the Sr. 12.11.2018
PS/PS

Date on which the final order is uploaded on the 12.11.2018
website of ITAT

Date on which the file goes to the Bench Clerk       12.11.2018

Date on which the file goes to the Head Clerk

The date on which the file goes to the Assistant
Registrar for signature on the order

Date of dispatch of the Order

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