Income Tax Appellate Tribunal - Chennai
Snj Distillers Pvt Ltd., Chennai vs Acit Central Circle-2(1), Chennai on 29 May, 2020
आयकर अपीलीय अिधकरण, 'सी' ायपीठ, चे ई
IN THE INCOME-TAX APPELLATE TRIBUNAL 'C' BENCH, CHENNAI
ी धु ु आर.एल रे ी, ाियक सद एवं ी एस जयरामन, लेखा सद के सम
Before Shri Duvvuru RL Reddy, Judicial Member &
Shri S. Jayaraman, Accountant Member
S.P. Nos. 130, 131 & 132/Chny/2020
[In I.T.A. Nos. 2194 & 2195/Chny/2019 and 2993/Chny/2020]
Assessment Years: 2015-16, 2016-17 & 2017-18
M/s. SNJ Distillers Private Limited, The Assistant Commissioner of
No. 99, Canal Bank Road, Vs. Income Tax,
CIT Nagar, Nandhanam, Central Circle 2(1),
Chennai 600 035. Chennai.
[PAN:AALCS9312F]
(अपीलाथ /Appellant) ( थ /Respondent)
अपीलाथ की ओर से / Appellant by : Shri D. Anand, Advocate
थ की ओर से/Respondent by : Ms. Vijaya Prabha, Addl. CIT
सु नवाई की तारीख/ Date of hearing : 29.05.2020
घोषणा की तारीख /Date of Pronouncement : 29.05.2020
आदे श /O R D E R
PER DUVVURU RL REDDY, JUDICIAL MEMBER:
These three petitions are filed by the assessee seeking grant of extension of stay from recovery of the outstanding disputed demand of ₹.4,26,23,307/- till the final disposal of the appeals of the assessee for the assessment years 2015-16, 2016-17 and 2017-18.
2. It was the submission of the ld. Counsel for the assessee that vide order in S.P. Nos. 230 & 231/Chny/2020 dated 02.08.2019 for the assessment years 2015-16 and 2016-17, the Tribunal has granted stay of 2 S.P. Nos.130, 131 & 132/Chny/2020 recovery of outstanding demand for six months from the date of order or pronouncement of the order or till the final disposal of appeals, whichever is earlier. It was further submission that since the stay granted by the Tribunal got expired on 02.02.2020 and the appeals were posted for hearing on 24.02.2020, the petitioner preferred grant of extension of stay. However, vide order in S.P. Nos. 61 & 62/Chny/2020 dated 21.02.2020, the Tribunal declined to grant extension of stay on the ground that the main appeals are posted for hearing on 24.02.2020. At the request of the ld. DR, the hearing of the appeals was adjourned to 26.02.2020. It was further submission that vide order in S.P. No. 291/Chny/2019 dated 25.10.2019 in I.T.A. No. 2993/Chny/2019 for the assessment year 2017-18 in the petitioner's case, the Tribunal granted stay for a period of six months, which is expiring on 25.03.2019, on 26.02.2020, the Bench passed order sheet entry by adjourning all the appeals for hearing on 23.03.2020. It was further submission that on 23.03.2020, after consulting the ld. DR, the Bench adjourned the appeals for the assessment year 2015-16 and 2016-17 and posted for hearing on 21.04.2020 with a direction that no coercive measure for recovery of demand is to be made till 30.04.2020 or the disposal of the appeals, whichever is earlier. While this being so, the stay granted for the assessment year 2017-18, which was tagged along with I.T.A. Nos. 2194 & 2195/Chny/2019 also expired on 25.04.2020. Pending adjudication of the appeals, which was not directly attributable to the assessee, it was prayed 3 S.P. Nos.130, 131 & 132/Chny/2020 that the above stay granted by the Tribunal may kindly be extended till the final disposal of the appeals for the assessment years 2015-16 to 2017-18.
3. On the other hand, the ld. DR has objected to grant the stay.
4. We have heard both sides through video conferencing and perused the records. We have carefully considered the arguments of the ld. Counsel for the assessee. Against the query raised by the Bench, the ld. Counsel has submitted that against the total demand of ₹.5,87,47,195/-, the petitioner has already paid ₹.1,61,44,888/-[27.48% of the total demand] for the assessment year 2015-16, for the assessment year 2016-17 against the total demand of ₹.13,26,82,137/-, the petitioner paid ₹.2,80,51,725/- [21.14% of the total demand] and for the assessment year 2017-18, against the total demand of ₹.2,42,41,005/-, the petitioner already paid ₹.1,00,05,000/- [41% of the total demand]. The ld. Counsel for submitted that the petitioner does not have the financial resources to meet the demand of the balance disputed amount and will be greatly prejudiced if the petitioner is called upon to pay any portion thereof and prayed for grant of extension of stay of recovery of the disputed demands. Under the above facts and circumstances, we grant extension of stay of recovering outstanding demand till 30.09.2020 from the date of pronouncement of this order or till the final disposal of the appeals for the assessment years 2015-16, 2016-17 and 2017-18, which is earlier. 4 S.P. Nos.130, 131 & 132/Chny/2020
5. Further, we direct the assessee not to seek adjournment other than for just cause. If the assessee is found violated the above condition, the stay granted hereinabove shall be vacated automatically. With the above, stay petition filed by the assessee is disposed off.
Order pronounced on the 29th May, 2020 at Chennai.
Sd/- Sd/- (S. JAYARAMAN) (DUVVURU RL REDDY) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, the 29.05.2020 Vm/-
आदे श की ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant, 2. थ / Respondent, 3. आयकर आयु (अपील)/CIT(A), 4. आयकर आयु /CIT,
5. िवभागीय ितिनिध/DR & 6. गाड फाईल/GF.