Income Tax Appellate Tribunal - Bangalore
M/S Shri Biluru Gurubasava Sahakari ... vs Income Tax Officer Ward-1 , Bagalkot on 15 February, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
"C" BENCH : BANGALORE
BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND
SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
S.P. No.41/Bang/2019
(in ITA No.1385/Bang/2018)
Assessment Year : 2011-12
M/s. Shri Biluru
GurubasavaSahakari Pattin
The Income Tax
Sangh Niyamit,
Officer,
112/5, Nara Building, Vs.
Ward - 1,
Adat Bazaar,
Bagalkot.
Bagalkot.
PAN: AABAS7016A
APPELLANT RESPONDENT
Assessee by : Shri S. Ramasubramanyam, CA
Revenue by : Shri K.N. Dhandapani, JCIT (DR)
Date of hearing : 15.02.2019
Date of Pronouncement : 15.02.2019
ORDER
Per Shri A.K. Garodia, Accountant Member;
This stay petition is filed by the assessee requesting for stay of outstanding disputed tax demand of Rs. 56,33,416/-.
2. In course of hearing of this stay petition, it was submitted by ld. AR of assessee that as per the order giving effect to the order of CIT(A) dated 21.03.2018 passed by the AO on 29.05.2018 of which he submitted a copy, the disputed outstanding demand of Rs. 56,33,416/- includes tax demand of Rs. 27,68,401/- only and the remaining amount is outstanding on account of interest u/s. 234B of Rs. 9,13,570/- and interest u/s. 220(2) of Rs. 19,51,445/-. He submitted that assessee is ready to make payment of Rs. 15 Lakhs by 28.02.2019 and hence, stay should be granted for the balance disputed outstanding demand. He also submitted that appeal is already S.P. No. 41/Bang/2019 (in ITA No. 1385/Bang/2018) Page 2 of 2 fixed for hearing on 28.03.2019. The ld. DR of revenue strongly opposed granting of stay.
3. We have considered the rival submissions. We find that if the assessee makes payment of Rs. 15 Lacs, it will amount to about 54% of outstanding disputed tax demand excluding interest of Rs. 27,68,401/-. In view of this, we feel it proper to grant stay of the outstanding disputed demand for a period of six months from the date of this order or till the disposal of the appeal whichever is earlier subject to this condition that the assessee has to make payment of Rs. 15 Lakhs on or before 28.02.2019. We order accordingly. It is also noted that the appeal is already fixed for hearing on 28.03.2019. We want to make it clear that assessee should not seek any adjournment in course of hearing of the appeal without any justifiable reasons and if assessee does so then the stay granted by this order shall stand vacated automatically.
4. In the result, the stay petition filed by the assessee is allowed.
Order pronounced in the open court on the date of hearing on conclusion of the hearing.
Sd/- Sd/-
(PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA)
Judicial Member Accountant Member
Bangalore,
Dated, the 15th February, 2019.
/MS/
Copy to:
1. Appellant 4. CIT(A)
2. Respondent 5. DR, ITAT, Bangalore
3. CIT 6. Guard file
By order
Assistant Registrar,
Income Tax Appellate Tribunal,
Bangalore.