| SHORT SUMMARY |
| Date of First Hearing |
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Date of Tribunal Order |
20-07-2018 |
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| Date of Last Hearing |
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Date of Pronouncement |
20-07-2018 |
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| Date of Next Hearing |
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Order Result |
Allowed |
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| Date of Final Hearing |
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Tribunal Order |
Click Here to Download |
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IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "B" NEW DELHI )
BEFORE SHRI H.S. SIDHU : JUDICIAL MEMBER
AND
SHRI T.S. KAPOOR, ACCOUNTANT MEMBER
Stay Application No. 510/Del/2018
( In ITA No. 2442/Del/2017)
Asstt. Yr: 2013-14
DHARA MOTOR FINANCE LTD. VS. DCIT, NAJIBABAD
DHARA COMPLEX,
CIVIL LINES-1,
BIJNOR-UP
(PAN: AABCD8486H)
Applicant by : Shri Gautam Jain, Adv. & Sh. Lalit Mohan, CA
Respondent by : Sh. Vijay Kr. Jiwani, Sr. DR
ORDER
PER H.S. SIDHU, J.M.:-
By way of this Stay Application u/R 35A of the Income-tax Appellate
Tribunal Rules, 1963 assessee seeks Stay of outstanding demand of
Rs. 11,80,778/- for the assessment year 2013-14.
2. During the hearing, Ld. Counsel of the assessee stated that the total demand
was Rs. 14,75,990/- and Rs. 2,95,202/- has been paid/adjusted and as on date the
balance outstanding is Rs. 11,80,788/-. It was further submitted that the Main
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Appeal is yet to fix before the Tribunal and the authorities below would proceed
to recover the outstanding demand in dispute by adopting coercive measures. In
view of above, Ld. Counsel of the assessee has requested the Bench to grant the
stay of outstanding demand in dispute for 180 days or the till the disposal of the
main appeal and also requested to fix the main appeal for early hearing.
3. Ld. DR did not raise any serious objection to the request of the assessee's
counsel.
4. We have heard both the parties and perused the records. We find that the
total demand was Rs. 14,75,990/- and Rs. 2,95,202/- has been paid/adjusted and
as on date the balance outstanding is Rs. 11,80,788/-. Keeping in view of the facts
and circumstances of the case, as explained above by the Ld. Counsel of the
assessee and in the interest of justice, we are of the view that the assessee has to
pay at least Rs. 2 Lacs (Rupees Two Lacs) more upto 31.07.2018. Therefore, we
order the Assessee to deposit Rs. 2 Lacs (Rupees Two Lacs) upto 31.07.2017 and
accordingly we grant the stay of outstanding demand in dispute for the period of
180 days or till the disposal of the Main Appeal No. 510/Del/2018 (AY 2013-14).
The another prayer of the assessee of early hearing of the main appeal is also
accepted, subject to fulfillment of the aforesaid condition of deposit of Rs. 2 Lacs
upto 31.7.2018. Accordingly, the hearing in the main Appeal being ITA No.
2442/Del/2017 for the asstt. year 2013-14 is hereby fixed for 20.08.2018 and both
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the parties were informed in the Open Court. Therefore, there is no need to send
the notices to the parties.
4.1. In case of violation of above conditions, the stay granted will stand vacated.
A copy of this order be given to both the parties Dasti.
5. In the result, the Assessee's Stay Application stands disposed of, as
aforesaid.
Order pronounced on 20-07-2018.
Sd/- Sd/-
KAPOOR]
[T.S. KAPOOR] [H.S. SIDHU]
ACCOUNTANT MEMBER JUDICIAL MEMBER
Date 20/07/2018
SRBHATNAGAR
Copy forwarded to: -
1. Appellant 2. Respondent 3. DIT 4. CIT (A)
5. DR, ITAT
TRUE COPY By Order,
Assistant Registrar, ITAT,
Delhi Benches
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