Income Tax Appellate Tribunal - Bangalore
Hajee A P Bava & Company Constructions ... vs Assistant Commissioner Of Income Tax ... on 22 December, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
"A" BENCH : BANGALORE
BEFORESHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND
SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER
S.P. No. 277/Bang/2017
(in ITA No. 2153/Bang/2017)
Assessment Year :2014-15
M/s. Hajee A.P. Bava& Company
Constructions Pvt. Ltd.,
The Assistant Commissioner
HAPBCO Tower, #32, 9th Main Road,
of Income Tax,
RPC Layout, Vijayanagar, Vs.
Circle 3 (1) (2),
Bangalore - 560 104.
Bangalore.
PAN: AACCH 1218C
APPELLANT RESPONDENT
Assessee by : Shri Cherian K. Baby, CA
Revenue by : Shri K.R. Narayana, JCIT (DR)
Date of hearing : 22.12.2017
Date of Pronouncement : 22.12.2017
ORDER
Per Shri A.K. Garodia, Accountant Member
This Stay Petition is filed by the assessee seeking stay of disputed outstanding demand of Rs. 3,78,06,280/- for Assessment Year 2014-15.
2. In the course of hearing before us, it was pointed out by the ld. AR of assessee that the assessee has already made payment of Rs. 137.07 lakhs which is around 34% of disputed demand excluding interest. At this juncture, the bench wanted to see the present financial position of the assessee company. In reply, it was submitted by ld. AR of assessee that the same is not readily available but the assessee will be satisfied even if early hearing is granted after rejecting the stay petition. The ld. DR of revenue also submitted that if the stay petition is rejected and only early hearing is granted, he has no objection.
3. We have considered the rival submissions and in view of the above discussion, we dismiss the stay petition and grant early hearing to the assessee. The S.P. No.277/Bang/2017 (in ITA No. 2153/Bang/2017) Page 2 of 2 Registry is directed to fix this appeal for hearing on 17.01.2018. Since the date of hearing was pronounced in the open court, no separate notice of hearing is required to be issued.
4. In the result, the stay petition filed by the assessee is dismissed.
Order pronounced in the open court on the date mentioned on the caption page.
Sd/- Sd/-
(SUNIL KUMAR YADAV) (ARUN KUMAR GARODIA)
Judicial Member Accountant Member
Bangalore,
Dated, the 22nd December, 2017.
/MS/
Copy to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT, Bangalore.
6. Guard file
By order
Senior Private Secretary,
Income Tax Appellate Tribunal,
Bangalore.