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Rajesh Kumar Kantilal Patel. M-102 Someshwara Bungalow, Vesu Road, Surat. Vs ACIT Circle-8, Surat.
September, 25th 2013
                      "A" BENCH, AHMEDABAD


                            S.P. No70/Ahd/2013
                       (in ITA Nos. 2010/Ahd/2013)
                               A.Y. 2007-08

            Rajesh Kumar Kantilal   Vs ACIT Circle-8, Surat.
            M-102 Someshwara
            Bungalow, Vesu Road,
                   (Appellant)              (Respondent)

                 Revenue by :       Shri O.P. Batheja, Sr.D.R.,
                Assessee(s) by :    Shri Sapnesh Sheth, A.R.

              / Date of Hearing      : 13/09/2013
               /Date of Pronouncement: 16/09/2013

                             /O R D E R


      This Stay Petition has been filed by the assessee on 3rd of
September, 2013 and the break up of the outstanding demand as
mentioned in the Stay Petition is as follows:

       1.     Assessment year involved          2007-08
       2.     Date of filing the appeal         Appeal filed on 29.07.2013.
              before tribunal and its           Appeal No. 2010/Ahd/2013.
              number if know
       3.     The break up of Demand  Tax       Rs. 12,62,865/-
              (Raised by AO)          Interest  Rs. 9,95,714/-
                                      Total     Rs. 22,58,579/-
       4.     (a) Amount already paid Rs. Nil
              (b) Amount outstanding  Rs. 22,58,579/-
              (c) Amount which is not Rs. Nil
                             S.P. No.70/Ahd/2013 in ITA No.2010/Ahd/2013
                                               Rajesh Kumar Kantilal Patel
                                                         For A.Y. 2007-08

       5.    (a) Details of application Moved       to           CIT         on
             made to revenue authorities 14.08.2013

2.    From the side of the applicant, learned AR, Mr. Sapnesh Sheth has
appeared. He has informed that the assessee has an arguable case because
the quantum of purchase of land in question was assessed merely on
assumption by the AO. The assessee has later on sold this land in the year
2008. On one hand, the Revenue Department had enhanced the cost of
land but on the other hand when this land was sold the benefit of alleged
cost of acquisition was not granted. He has, therefore, pleaded that on
both the counts the assessee is expecting substantial relief form the
tribunal. He has also placed on record a letter of the CIT-III, Surat, dated
3rd of August, 2013 through which the stay petition of the assessee was
rejected. He has also informed that the assessee has fear of attachment of
accounts. He has also informed that financial position of the assessee is
very bad. However, the assessee can pay a total of Rs.2,50,000/- but in
six installments.

3.    From the side of the Revenue, learned Sr.DR. Mr. O.P. Batheja
appeared and objected the grant of stay. He has also informed that the
assessee remained non-cooperative because the assessment has been
made ex-parte u/s. 144 of the IT Act, likewise the learned CIT(A), Surat
has also passed ex-parte order because no one was present from the side
of the assessee.
                                  S.P. No.70/Ahd/2013 in ITA No.2010/Ahd/2013
                                                    Rajesh Kumar Kantilal Patel
                                                              For A.Y. 2007-08

4.      Having heard the submissions of both the sides, we hereby hold
that prima facie, the assessee has an arguable case, therefore, an early
hearing in this deserves to be granted. This Stay Petition is allowed with
the following conditions:
        (a) The assessee shall pay Rs.2,50,000/- in total in six installments,
        starting from September, 2013. The first installment shall be
        deposited by 30th of September, 2013 and onwards every month.
        (b) That on production of challan of first installment, the registry is
        hereby directed to fix this appeal out of turn on 17th of October,
        2013. This date of hearing is duly communicated to both the sides
        in the Court; hence, dispensed with the service of notice.
        (c) That the Revenue Department is directed not to take any
        coercive measure against this assessee till the disposal of this
        appeal or upto the expiry of six months, whichever shall prevail
        (d) The assessee is directed to file the paper book, if any, by 30th
        of September, 2013 and he shall not take any frivolous
        adjournment, so that this appeal should be decided as early as

5.      In the light of the above directions, this Stay Petition is hereby
                 Sd/-                                            Sd/-
   (ANIL CHATURVEDI)                               ( MUKUL Kr. SHRAWAT )
  ACCOUNTANT MEMBER                                  JUDICIAL MEMBER
Ahmedabad;              Dated 16/09/2013
Prabhat Kr. Kesarwani, Sr. P.S.
                                    TRUE COPY
                       S.P. No.70/Ahd/2013 in ITA No.2010/Ahd/2013
                                         Rajesh Kumar Kantilal Patel
                                                   For A.Y. 2007-08
   /Copy of the Order forwarded             to :
1.    / The Appellant
2.    / The Respondent.
3.      / Concerned CIT
4.    () / The CIT(A)-III, Ahmedabad
5.    ,   ,                         / DR, ITAT, Ahmedabad

6.     / Guard file.
                                                            / BY ORDER,

                                 /  (Dy./Asstt.Registrar)
                                  ,  / ITAT, Ahmedabad
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