IN THE INCOME TAX APPELLATE TRIBUNAL,
               "D " BENCH, AHMEDABAD
      Before Shri A. K. GARODIA, ACCOUNTANT MEMBER
           and Shri KUL BHARAT, JUDICIAL MEMBER
                  Stay Application No.12/Ahd/2013
                                  IN
                      I.T.A. No.2084 / Ahd/2012
                      (Assessment year 2009-10)

Swagat Infrastructure Ltd.,         Vs.      JCIT, Range 8,
307-308, Sarthak Sqaure,                     Ahmedabad
Nr. U.S. Pizza, S. G. Highway,
Ahmedabad-380015

       PAN/GIR No. : AACCS1351H

        (APPELLANT)                    ..         (RESPONDENT)

          Appellant by:                Shri J P Shah, Adv.
          Respondent by:               Shri T Sunkar, Sr. DR

            Date of hearing:       12.02.2013
            Date of pronouncement: 12.02.2013
                             ORDER

PER SHRI A. K. GARODIA, AM:-

      This stay application is filed by the assessee seeking stay of
outstanding demand of Rs.22,19,380/- against total disputed demand of
Rs.44,53,880/-.
2.    In the course of hearing before us, it was submitted by the Ld. A.R.
that in addition to the payment of outstanding demand as noted in stay
application of Rs.22,26,940/-, a further payment of Rs.7 lacs has been
made by the assessee on 29.01.2013 and hence, the balance outstanding
demand is of Rs.15,19,380/- for which stay should be granted. At this
                                     2            Stay application No.12 /Ahd/2013






juncture, the bench wanted to know as to how much amount assessee can
pay further and in reply he agreed for a further payment of Rs.5 lacs. As
against this, Ld. D.R. strongly opposed granting of stay.
3.    We have considered the rival submissions. First of all, we would
like to observe that stay application is dated 30.01.2013, which was filed
before the Tribunal on 31.01.2013 and as per the copy of challan for
payment of Rs.7 lacs submitted before us, the same is dated 29.01.2013
and hence, it is not clear as to whether this payment of Rs.7 lacs is
included in the payment of Rs.22,26,940/- or not. Be that as it may be
but since the assessee has agreed for a further payment of Rs.5 lacs and
since as per the assessee, this payment of Rs.7 lacs is in addition to the
payment of Rs.22,26,940/-, the outstanding demand will remain of
Rs.10,19,380/- after proposed further payment of Rs.5 lacs. Hence, we
direct the assessee to make further payment of Rs.5 lacs if this payment
of Rs.7 lacs paid on 29.01.2013 is in addition to the payment of
Rs.22,26,940/- as noted in the stay application but if this payment of Rs.7
lacs on 29.01.2013 is already included in the payment of Rs.22,26,940/-
noted in stay application, then the assessee should make further payment
of Rs.12 lacs to reduce the outstanding demand to Rs.1,19,380/- and this
much amount of outstanding tax demand is stayed for a period of six
months or till the disposal of appeal whichever is earlier. Regarding
hearing of this appeal of the assessee, it was intimated by the Ld. A.R.
that hearing of appeal is already fixed on 22.03.2013 and it should remain
the same. Since, hearing is already fixed for 22.03.2013, no separate
order is required for fixing the appeal for hearing. Regarding the date of
                                      3            Stay application No.12 /Ahd/2013







further payment, to be made by the assessee, we direct the assessee to
make further payment of tax as discussed above by 28.02.2013.
4.      In the result, the stay application of the assessee is allowed as
indicated above.
5.      Order pronounced in the open court on the date mentioned
hereinabove.
               Sd./-                                 Sd./-
(KUL BHARAT)                                   (A. K. GARODIA)
JUDICIAL MEMBER                                ACCOUNTANT MEMBER
Sp

Copy of the Order forwarded to:
  1.     The applicant
  2.     The Respondent
  3.     The CIT Concerned
  4.     The Ld. CIT (Appeals)
  5.     The DR, Ahmedabad                           By order
  6.     The Guard File
                                                     AR,ITAT,Ahmedabad
     1. Date of dictation...12/02/2013
     2. Date on which the typed draft is placed before the
        Dictating Member...12/02/2013.Other Member ............
     3. Date on which the approved draft comes to the Sr. P.S./P.S.
     4. Date on which the fair order is placed before the Dictating Member
        for pronouncement 12/02/2013
     5. Date on which the fair order comes back to the Sr. P.S./P.S.13/02
     6. Date on which the file goes to the Bench Clerk 13/02/2013
     7. Date on which the file goes to the Head Clerk .......................
     8. The date on which the file goes to the Assistant Registrar for
        signature on the order .........................
     9. Date of Despatch of the order. ......................