CASE DETAILS |
Appeal Number | Filed On | Assessment Year | Bench Allotted | Case Status |
SA 521 / DEL / 2018 |
16/07/2018 |
2014-15 |
C |
Disposed |
Appellant |
Respondent |
Hari Mohan Sharma Delhi |
ACIT, Circle- 63(1) New Delhi |
SHORT SUMMARY |
Date of First Hearing |
|
Date of Tribunal Order |
20-07-2018 |
Date of Last Hearing |
|
Date of Pronouncement |
20-07-2018 |
Date of Next Hearing |
|
Order Result |
Allowed |
Date of Final Hearing |
|
Tribunal Order |
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IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH FRIDAY `C' NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER
Stay No. 521/Del/2018
(IN ITA No. 2953/Del/2018)
Assessment Year: 2014-15
Shri Hari Mohan Sharma, Asstt.Commissioner of
60, Basti Harphool Singh, Income Tax, Circle 63(1),
vs
New Delhi-110006 New Delhi.
(PAN: AARPS6592G)
(Appellant) (Respondent)
Appellant by : Shri Salil Agarwal, Advocate
Shri Shailesh Gupta, Advocate
Respondent by : Shri Arun Kumar Yadav, Sr. DR
Date of Hearing: 20.07.2018
Date of Pronouncement: 20.07.2018
ORDER
PER SUDHANSHU SRIVASTAVA, J.M.
By means of this Stay Application, the applicant is
seeking a stay of demand of Rs. 2,87,04,780/- pertaining
to assessment year 2014-15. Ld. AR appearing on behalf
of the applicant submitted that the demand was the
result of enhancement by the ld. Commissioner of Income
Tax(A) after denial of assessee's claim of deduction u/s
Stay No. 521/Del/2018
(In ITA 2953/D/2018)
Assessment year 2014-15
44F of the Income Tax Act, 1961 (hereinafter called 'the
Act').
2. Ld. AR vehemently argued that the applicant had
strong prima facie case in its favour as enhancement had
been made by the ld. Commissioner of Income Tax(A)
without bringing any concrete evidence against the
assessee on record. Ld. AR prayed that the assessee had
already deposited approximately Rs. 26 lakh towards the
outstanding demand and submitted that the balance
outstanding demand may be stayed in entirety.
3. Ld. Sr. DR opposed the petition of grant of stay of
demand and submitted that the stay should be granted
only after making the applicant deposit at least 50% of
the outstanding demand.
4. After hearing both the parties, we deem it expedient
to exercise our discretion in favour of the applicant by
granting stay of demand subject to the condition that the
applicant deposits a sum of Rs. 20 lakh in three
instalments. The applicant should deposit Rs. 10 lakh
by 15 t h August, 2018, Rs. 5 lakh by 31 s t August, 2018
2
Stay No. 521/Del/2018
(In ITA 2953/D/2018)
Assessment year 2014-15
and the balance instalment of Rs. 5 lakh by 30 t h
September, 2018. Subject to the applicant depositing
the amount of Rs. 20 lakh as aforesaid, the appeal is to
be fixed for hearing on 3 r d October, 2018.
5. The Registry is directed to fix the date of hearing of
appeal on 3 r d October, 2018. Since both the parties were
informed of the date of hearing in the open court, the
issuance of notices is hereby dispensed herewith. The
stay is granted for a period of 180 days or till the
disposal of the appeal whichever occurs first, subject to
the condition that the applicant shall not seek undue
adjournment on the date fixed for hearing, failing which
the stay shall be deemed to have been vacated without
any further notice to the applicant.
6. The stay petition stands disposed of accordingly.
Order pronounced in the Open Court on 20th July, 2018.
Sd/- Sd/-
(R.K. PANDA) (SUDHANSHU SRIVASTAVA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 20th July 2018
`GS'
3
Stay No. 521/Del/2018
(In ITA 2953/D/2018)
Assessment year 2014-15
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT
TRUE COPY
By Order
ASSISTANT REGISTRAR
Date of dictation
Date on which the typed draft is placed before the
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.PS/PS
Date on which the final order is uploaded on the website
of ITAT
Date on which the file goes to the Bench Clerk
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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