P.V. Ramachandran v. Income-tax Officer, Salary Ward-V(1), Chennai
[Citation -2016-LL-0916-100]

Citation 2016-LL-0916-100
Appellant Name P.V. Ramachandran
Respondent Name Income-tax Officer, Salary Ward-V(1), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 16/09/2016
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags sale of agricultural land • outstanding demand • recovery of tax • cash deposited • stay petition • savings bank
Bot Summary: PAN: AEPPR73 45 E Applicant by : Ms.Jharna B.Harilal, C.A. Respondent by : Mr. Supriyo Pal, JCIT Da t e of h e ar in g : 16th September,2016 D at e of Pr on oun c em ent : 16th September, 2016 ORDER Per A. Mohan Alankamony, AM: The stay petition is filed by the assessee seeking stay from recovery of the outstanding demand of 8,55,660 -. At the outset, the learned Authorized Representative submitted that the reason for the addition of Rs.20.00 lakhs was due to the cash deposited in the savings bank account of the assessee. The learned Authorized Representative further submitted that the cash deposit was made out of the sale of agricultural land belonging to the assessee s father. The learned Authorized Representative also submitted the sale 2 S.P. No.198 Mds 2016 deed of the relevant transaction. The learned Departmental Representative opposed to the submissions of the learned Authorized Representative and requested that the stay may be declined. From the facts of the case, we are of the considered view that the assessee has an arguable case which may be decided in his favour. In the result, the stay petition filed by the assessee is allowed.


IN INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI, BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER Stay Petition No.198 Mds 2016 (in I.T.A.No.1115 Mds 2016) ( Assessm ent Year: 201 0 -11) Mr. P.V.Ramachandran, Vs Income Tax Officer, 11, D Block, Halls Towers, Salary Ward-V(1), 33, Halls Road, Egmore-600 008. Chennai-34. PAN: AEPPR73 45 E (Petitioner) ( Respondent) Applicant by : Ms.Jharna B.Harilal, C.A. Respondent by : Mr. Supriyo Pal, JCIT Da t e of h e ar in g : 16th September,2016 D at e of Pr on oun c em ent : 16th September, 2016 ORDER Per A. Mohan Alankamony, AM: stay petition is filed by assessee seeking stay from recovery of outstanding demand of `8,55,660 -. 2. At outset, learned Authorized Representative submitted that reason for addition of Rs.20.00 lakhs was due to cash deposited in savings bank account of assessee. learned Authorized Representative further submitted that cash deposit was made out of sale of agricultural land belonging to assessee s father. learned Authorized Representative also submitted sale 2 S.P. No.198 Mds 2016 deed of relevant transaction. It was therefore pleaded that short stay may be granted to assessee because assessee has prima facie case and recovery of tax at this stage would bring undue hardship to assessee. 3. learned Departmental Representative opposed to submissions of learned Authorized Representative and requested that stay may be declined. 4. We have heard rival submissions and carefully perused materials available on record. From facts of case, we are of considered view that assessee has arguable case which may be decided in his favour. Therefore, as submitted by learned Authorized Representative recovery of outstanding demand at this stage would not be warranted. Hence, we hereby grant stay from recovery of outstand demand by Revenue for period of sixty days from this day or till disposal of appeal, whichever is earlier. Since Bench is not functioning on 19th & 20th September, 2016, we hereby direct 3 S.P. No.198 Mds 2016 Registry to post appeal for hearing on 29.09.2016 and intimate both parties. It is ordered accordingly. 4. In result, stay petition filed by assessee is allowed. Order pronounced in open court on 16th September 2016 Sd - Sd - (G.Pavan Kumar) ( A.Mohan Alankamony ) Judicial Member Accountant Member Chennai, Dated 16th September, 2016 somu Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR 6. GF. P.V. Ramachandran v. Income-tax Officer, Salary Ward-V(1), Chennai
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