Income Tax Appellate Tribunal - Ranchi
Nisha Sarawgi, Ranchi vs Acit,Circle-2, Ranchi on 17 May, 2019
S.A. No.43/RAN/2019
(in ITA No. 137/RAN/2019)
A.Y. 2015-2016
Nisha Sarawgi, Ranchi
IN THE INCOME TAX APPELLATE TRIBUNAL,
KOLKATA-RANCHI 'e-COURT', KOLKATA
Before Shri P.M. Jagtap, Vice-President (KZ)
and Shri A.T. Varkey, Judicial Member
S.A. No. 43/RAN/2019
(arising out of I.T.A. No. 137/RAN/2019)
Assessment Year: 2015-2016
Nisha Sarawgi,......... ............................................................Applicant
206, Mahabi r Tower, J.D. Compound,
Main Road, Ranchi -834 001
[PAN: AABTR 4356 H]
-Vs.-
Assistant Commissioner of Income Tax,.... ........................Respondent
Circle-2, Ranchi
Appearances by:
Shri Parth asarathi Paul, CA, for the Applicant
Shri Inderjeet Singh, CIT, D.R. , for the Respondent
Date of concluding th e hearing : May 17, 2019
Date of pronouncing the order : May 17, 2019
O R D E R
Per Shri P.M. Jagtap, Vice-President (KZ):-
By this Stay Application, the assessee is seeking stay of outstanding demand of Rs.15,57,760/- for A.Y. 2015-16.
2. We have heard the arguments of both the sides and also perused the relevant material available on record. It is observed that out of the total demand of Rs.19,47,760/- as originally raised for A.Y. 2015-16, the assessee has already paid a sum of Rs.3,90,000/-, which is more than 25% of the demand originally raised. As submitted by the ld. Counsel for the assessee, the assessee is a senior citizen and the issues involved in the corresponding appeal filed by him for the year under consideration before the Tribunal being ITA No. 137/RAN/2019 are squarely covered in 1 S.A. No.43/RAN/2019 (in ITA No. 137/RAN/2019) A.Y. 2015-2016 Nisha Sarawgi, Ranchi favour of the assessee by the various judicial pronouncements. Keeping in view all these facts of the case, we are of the view that the balance of convenience clearly lies in favour of the assessee and it is a fit case to grant the stay of outstanding demand as sought by the assessee vide the present Stay Application. Even the ld. D.R. has not been able to dispute this position. We, therefore, grant the stay of outstanding demand in the present case for a period of six months or till the disposal of the corresponding appeal of the assessee being ITA No. 137/RAN/2019 by the Tribunal, whichever is earlier. The Registry is directed to post the said appeal for hearing out of turn before the next Touring Bench/e-Court.
3. In the result, the Stay Application of the assessee is allowed.
Order pronounced in the open Court on May 17, 2019.
Sd/- Sd/-
(A.T. Varkey) (P.M. Jagtap)
Judicial Member Vice-President (KZ)
Kolkata, the 17 t h day of May, 2019
Copies to : (1) Nisha Sarawgi,
206, Mahabi r Tower, J.D. Compound,
Main Road, Ranchi -834 001
(2) Assistant Commissioner of Income Tax, Circle-2, Ranchi (3) Commissioner of Income Tax (Appeals)- , Ranchi, (4) Commissio ner of Income Tax- , (5) The Depart ment al Represent ative (6) Guard File By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S. 2