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 |
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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