Income Tax Appellate Tribunal - Delhi
Splendor Landbase Ltd., New Delhi vs Acit, Central Circle- 3, New Delhi on 13 July, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "FRIDAY- C", NEW DELHI
BEFORE SHRI P. M. JAGTAP, ACCOUNTANT MEMBER
AND
MS. SUCHITRA KAMBLE, JUDICIAL MEMBER
S.A. No.505/Del/2018
(In ITA No.6013/Del/2017)
Assessment Year : 2011-12
Splendor Landbase Ltd., ACIT, Central Circle- 3,
Unit No.501-511, 5th Floor, New Delhi.
Splendor Forum,
Vs.
Jasola District Centre,
New Delhi.
PAN : AAECA3986E
(Appellant) (Respondent)
Assessee by : Shri Anil Chopra, Adv.
Shri Vinod Garg, Adv.
Department by : Shri Arun Kumar Yadav, Sr.DR
Date of hearing : 13-07-2018
Date of pronouncement : 13-07-2018
ORDER
PER P. M. JAGTAP, AM :
By this Stay Application, the assessee is seeking extension of the stay of recovery of outstanding demand of Rs.74,14,648/- already granted by the Tribunal.
2. We have heard the arguments of both the sides and also perused the relevant material available on record. It is observed that the stay of outstanding 2 SA No.505/Del/2018 demand of Rs.74,14,648/- towards penalty u/s 271(1)(c) in the present case was earlier granted by the Tribunal vide order dated 12.01.2018 passed in S.A. No.11/Del/2018 after taking into consideration all the relevant aspects in paragraph no.4 of its order as under :-
"4. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it appears that the AO levied the penalty u/s 271(1)(c) of the Act for the reasons that carry forward business losses claimed by the assessee were not allowable. However, the carry forward depreciation from the preceding year was allowed. In our opinion, the assessee has prima facie an arguable case and the balance of convenience also lies in its favour. It is also noticed that the assessee had already deposited 20% of the outstanding demand. We, therefore, by considering the totality of the facts, stay the outstanding demand of Rs.74,14,648/- for six months or till the disposal of appeal whichever is earlier. The Registry is directed to fix the appeal of the assessee in ITA No.6013/Del/2017 on 03.04.2018."
3. As per the order of the Tribunal dated 12.01.2018 (supra), the corresponding appeal of the assessee was fixed for hearing out of turn on 03.04.2018. As submitted by the ld. counsel for the assessee, the hearing of the appeal of the assessee, however, is not yet concluded and the delay in hearing and disposal of the said appeal was not attributable to the assessee. Even the ld. DR has not disputed this position clearly evident from the record. We accordingly grant stay of outstanding demand in the present case for a further 3 SA No.505/Del/2018 period of six months or till the disposal of the appeal of the assessee by the Tribunal, whichever is earlier.
4. In the result, the Stay Application of the assessee is allowed.
Order pronounced in the open Court at the time of hearing itself i.e. on this 13th day of July, 2018.
Sd/- Sd/-
(SUCHITRA KAMBLE) (P. M. JAGTAP)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 13-07-2018.
Sujeet
Copy of order to: -
1) The Appellant
2) The Respondent
3) The CIT
4) The CIT(A)
5) The DR, I.T.A.T., New Delhi
By Order
//True Copy//
Assistant Registrar
ITAT, New Delhi