1 S.A No. 855/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. 855/Del/2018
In
(ITA No. 5983/DEL/2018 ( A.Y 2014-15)
Trilok Chand Chaudhary Vs ACIT
39, Gadai Pur, Mehrauli, Central Circle-26,
New Delhi Room No. 323, E-2, ARA
AAEPC0683P Centre, Jhandewalan,
(APPELLANT) Delhi
(RESPONDENT)
Appellant by Sh. Pranshu Goel, CA
Respondent by Sh. Surender Pal Singh, Sr
(DR)
Date of Hearing 22.11.2018
Date of Pronouncement 22 .11.2018
ORDER
PER SUCHITRA KAMBLE, JM
This Stay Application is filed by the assessee against the outstanding
demand of Rs. 175,00,000/- raised by the Revenue.
2. The Ld. AR submitted that the assessee has filed the appeal whereby
challenging the order dated 07.09.2018 passed the CIT (A). The Ld. AR further
submitted that the assessee has prima facie case on merit. The Ld. AR
submitted that the penalty was levied on the amount of Rs. 6,50,00,000/-
surrendered by the assessee during the course of search proceedings and such
income does not fall within the meaning of `undisclosed income' provided in
Explanation to Section 271AAB of the Act. The Ld. AR further submitted that
the penalty proceedings initiated under Section 271AAB of the Act are void-ab-
2 S.A No. 855/Del/2018
initio as no proper satisfaction was recorded by the Assessing Officer in the
Assessment Order for initiating the penalty proceedings u/s 271AAB of the Act.
Thus, the Ld. AR submitted that the assessee has good case on merit. The Ld.
AR further submitted that the assessee received summons dated 27.09.2018
under Rule 83 of the 2nd Schedule to the Act from the office of the Tax Recovery
Officer wherein a total demand of Rs. 27,98,15,185/- was reflected as
outstanding on the part of the assessee for A.Y. 2008-09 to 2010-11 and 2012-
13 to 2014-15. The assessee filed submissions before the Tax Recovery Officer
on 04.10.2018. Thereafter, the Tax Recovery Officer again issued summons
dated 09.10.2018 wherein total demand of Rs. 4,86,25,391/- was reflected as
outstanding demand. The Ld. AR submitted that the assessee furnished
cheques amounting to Rs. 20,00,000/- against the outstanding demand.
Therefore, the Ld. AR requested to grant stay of the outstanding tax demand
and further requested to grant early hearing.
3. The Ld. DR opposed this stay application.
4. We have heard both the parties. We are of the view that this is a fit case
for granting stay and early hearing. The assessee has a prima facie case on
merit. Therefore, we are inclined to grant stay for six months (180 days) or till
the disposal of appeal whichever is earlier with the direction to deposit Rs.
20,00,000/- (Rupees Twenty Laksh) should be paid till 15.12.2018. If the
assessee failed to comply with the directions then the stay will automatically
get vacated. The assessee is advised not to take adjournment of hearing of
appeal otherwise the stay will automatically get vacated. We are also granting
early hearing in the main appeal being ITA No. 5983/Del/2018. The registry is
directed to place appeal for hearing on 18.12.2018. Dasti of the order be given
to both the parties.
3 S.A No. 855/Del/2018
5. In result, the stay application is allowed.
Order pronounced in the Open Court on 22nd November, 2018.
Sd/- Sd/-
(N. K. BILLAIYA) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 22/11/2018
R. Naheed
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
4 S.A No. 855/Del/2018
Date of dictation 22.11.2018
Date on which the typed draft is placed before the 22.11.2018
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. 22.11.2018
PS/PS
Date on which the final order is uploaded on the 22.11.2018
website of ITAT
Date on which the file goes to the Bench Clerk 22.11.2018
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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