INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "Friday": NEW DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
SA No. 804 to 809/Del/2018
(In ITA No. 1485 to 1490/Del/2018)
(Assessment Year: 2010-11 to 2015-16)
Neeraj Singal, Vs. ACIT,
W-29, Greater Kailash Part-II, Central Circle-3,
New Delhi New Delhi
(Appellant) (Respondent)
SA No. 789 to 794/Del/2018
(In ITA No. 1412 to 1417/Del/2018)
(Assessment Year: 2010-11, 2012-13 to 2015-16)
Brij Bhushan Singal, Vs. ACIT,
W-29, Greater Kailash Part-II, Central Circle-3,
New Delhi New Delhi
(Appellant) (Respondent)
SA No. 801, 802 and 803/Del/2018
(In ITA No. 1482, 1483, 1484/Del/2018)
(Assessment Year: 2010-11, 2013-14, and 2014-15)
Uma Singal, Vs. ACIT,
W-29, Greater Kailash Part-II, Central Circle-3,
New Delhi New Delhi
(Appellant) (Respondent)
SA No. 795 to 800/Del/2018
(In ITA No. 1476 to 1481/Del/2018)
(Assessment Year: 2010-11 to 2015-16)
Mrs. Ritu Singal, Vs. ACIT,
W-29, Greater Kailash Part-II, Central Circle-3,
New Delhi New Delhi
(Appellant) (Respondent)
Assessee by : Shri S. K. Tulsiyan, Adv
Revenue by: Shri S.L. Anuragi, Sr. DR
Date of Hearing 02/11/2018
Date of pronouncement 02/11/2018
ORDER
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PER PRASHANT MAHARISHI, A. M.
1. This is a bunch of 21 stay petitions filed by the four individual assesses.
In case of 3 assesses, stay petitions are for 6 assessment years for
assessment year 2010 11 to 2015 16 and in case of one assessee for
assessment year 2010 11, 2013 14 and 2014 15.
2. The outstanding demand in case of these persons are as under for which
stay is prayed for:-
i. Shri Neeraj Singhal Rs. 828042582/
ii. Shri Brij Bhushan Singhal Rs. 720603933/
iii. Mrs. Ritu Singhal Rs. 782994766/
iv. Mrs. Uma Singhal Rs. 72933741/
3. The stay in these appeals was originally granted by order of coordinate
bench dated 12/4/2018, wherein assesses were directed to deposit 6
crore each in 2 installments in case of 3 assessee and stay in case of 4 th
assessee was also granted unconditionally for 180 days or till the disposal
of appeals, whichever is earlier. The above stay granted expired on
11/10/2018; assessee did not file the stay petitions during the
subsistence of stay. Therefore, these stay petitions are filed for extension
of stay originally granted by filing fresh stay petitions. These appeals
have already been heard on 23/10/2018 and reserved for passing of the
orders.
4. The learned authorized representative reiterated the facts on which
original stay was granted and further, he confirmed that the conditions
imposed in that order are also complied with. In the stay petition he has
also mentioned the amount of tax paid of 18 crores in case of 3 of the
assesses being 6 crores in each of the three assessee. He submitted
that as the matters have been heard and orders are awaited, the stay
originally granted may be further extended till the date of passing of the
orders.
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5. The learned departmental representative though vehemently objected to
the stay petitions and submitted that assessee may be directed to pay
further taxes.
6. We have carefully considered the rival contentions and considered the
original stay granted to the assesses. It is also the fact that these matters
have already been heard on 23/10/2018 and kept reserved for the
orders. In view of above facts, we direct the learned assessing officer to
keep the balance demand in abeyance for 90 days or till the disposal of
these appeals, whichever is earlier. He is also directed to not to take any
coercive step for recovery of the outstanding demand.
7. Accordingly, all these stay petitions are allowed.
Order pronounced in the open court on 02 /11/2018.
-Sd/- -Sd/-
(BHAVNESH SAINI) (PRASHANT MAHARISHI)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 02 /11/2018
A K Keot
Copy forwarded to
1. Applicant
2. Respondent
3. CIT
4. CIT (A)
5. DR:ITAT
ASSISTANT REGISTRAR
ITAT, New Delhi
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