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Shri Rajeshsingh Khadakbahadursingh Rajput, G/2, Sweta Flats, Opp. Gangamaiya Society, Khokhra, Ahmedabad-380008 Vs. The Income Tax- officer, W ard-12(1)Ahmedabad
May, 05th 2014
                   AHMEDABAD "D" BENCH

              Before: Sri D.K Tyagi, Judicial Member
             and Shri T.R. Meena, Accountant Member

                    Stay Petition No. 46/Ahd/2014
               (Arising out of ITA No. 615/Ahd/2014)
                      Assessment Year 2008-09

       Shri        Rajeshsingh            The Income Tax-
       Khadakbahadursingh                 officer, W ard-12(1)
       Rajput,    G/2,   Sweta Vs         Ahmedabad
       Flats, Opp. Gangamaiya             (Respondent)
       Society,        Khokhra,
       PAN: ABMPR6442

      Assessee by:           Sri Prashant B. Shah, A.R.
      Revenue by:            Sri K. C. Mathews, Sr.D.R.

       Date of hearing                    :   02-05-2014
       Date of pronouncement              :   02-05-2014



     Through this stay petition assessee wants us to stay the outstanding
demand of Rs. 42,26,903/-.
Stay Petition No. 46/Ahd/2014 (in I.T.A No.615/Ahd/2014) A.Y. 2008-09   Page No   2
Sri Rajeshsingh Khadakbahadursingh Rajput vs. ITO

2.     At the time of hearing learned counsel of the assessee submitted
that a demand of Rs. 44,61,226/- have been created by AO assessing the
total gross receipts of the assessee as total income by passing an ex-parte
order which has been confirmed by the Ld. CIT(A). Learned counsel of the
assessee further submitted that assessee has a prima facie case in its
favour and the financial position of assessee is such that if assessee is
asked to deposit this demand, his business will adversely be affected. He
also took an alternate plea that if the stay is not granted due to non-
payment of any further amount, appeal of the assessee may kindly be
heard at an early date and till that date stay may be granted. Ld. DR did
not oppose to the alternate plea taken by the assessee. We are therefore
inclined to grant early hearing in this case and date of hearing of the
appeal is fixed for 30th May, 2014. Till that date, recovery proceedings will
be kept in abeyance by the revenue. It is further clarified that in case on
the date of hearing assessee seeks adjournment, the stay will
automatically be vacated. No separate notice for hearing is required to be
issued as the date of hearing is pronounced in open court.

4.     In the result, stay petition filed by assessee is dismissed.

     Order pronounced in open court on the date mentioned hereinabove at
     caption page

          Sd/-                                                    Sd/-
    (T.R.MEENA)                                              ( D.K. TYAGI)
 ACCOUNTANT MEMBER                                          JUDICIAL MEMBER
Ahmedabad : Dated 02/05/2014
Stay Petition No. 46/Ahd/2014 (in I.T.A No.615/Ahd/2014) A.Y. 2008-09   Page No   3
Sri Rajeshsingh Khadakbahadursingh Rajput vs. ITO

     / Copy of Order Forwarded to:-
1. Assessee
2. Revenue
3. Concerned CIT
4. CIT (A)
5. DR, ITAT, Ahmedabad
6. Guard file.

                                                                By order/  ,

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