S. Santhanalakshmi v. The Assistant Commissioner of Income-tax, Central Circle 2(2), Chennai
[Citation -2016-LL-0930-220]

Citation 2016-LL-0930-220
Appellant Name S. Santhanalakshmi
Respondent Name The Assistant Commissioner of Income-tax, Central Circle 2(2), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 30/09/2016
Assessment Year 1986-87, 1987-88, 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 01/04/1996-24/09/1996
Judgment View Judgment
Keyword Tags outstanding demand • undisclosed income • source of income • block assessment • stay petition
Bot Summary: Counsel for the assessee has submitted that in the first round of litigation, the Tribunal I.T(SS). Against the above order, the assessee has preferred an appeal before the Tribunal and pending completion of hearing as both parties have taken adjournment for one reason or other ever since the present appeal is posted for hearing from 23.09.2008 to till last hearing on 10.08.2016. To avoid any hardship to the assessee by means of recovery proceedings, the ld. Counsel for the assessee has prayed that the stay may be granted till final disposal of the appeal. Counsel for the assessee has pleaded that if the Department initiate recovery proceedings, the petitioner does not have any source of income to make the payment of the huge taxes in dispute and neither can she resort to outside borrowings, as she does not have any sources to repay the same too and moreover she does not possess enough liquidity or bank balances also. If the delay in concluding the hearing is directly attributed on the part of the assessee the stay granted hereinabove shall stand automatically vacated. With the above condition, the stay petition filed by the assessee is disposed off.


IN INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI Before Shri Chandra Poojari, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member S.P.No.214/Mds/2016 [In I.T(SS).A. No. 08/Mds/2008 Block Assessment Period:01.04.1986 - 01.04.1996 & 01.04.1996 - 24.09.1996 Smt. S. Santhanalakshmi, Assistant Commissioner of No. 15, Municipal Colony, Vs. Income Tax, Tanjore - 7. Central Circle 2(2), [PAN:AABPL7076J] Chennai. (Appellant) ( Respondent) Appellant by : Shri K.G. Raghunath, Advocate Respondent by Shri T.R. Senthil Kumar, Sr. Standing : Counsel Date of hearing : 30.09.2016 /Date of Pronounce ment : 30.09.2016 O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: This stay petition is filed by assessee seeking stay from recovery of outstanding demand of .21,83,430/- till final disposal of appeal for block assessment period 01.04.1986-01.04.1996 & 01.04.1996-24.09.1996. 2. By referring to petition, ld. Counsel for assessee has submitted that in first round of litigation, Tribunal I.T(SS).A. No. 2 S.P. No.214/M/16 174/Mds/1998 dated 30.06.2006 set aside order of Assessing Officer with directions to decide issue afresh after affording sufficient opportunity to assessee. Accordingly, Assessing Officer completed assessment under section 158BD r.w.s. 158BC & 143(3) of Act on 14.12.2007 confirming undisclosed income of assessee at .36,39,050/- and thus taxed at 60% on above, for sum of .21,83,430/-. Against above order, assessee has preferred appeal before Tribunal and pending completion of hearing as both parties have taken adjournment for one reason or other ever since present appeal is posted for hearing from 23.09.2008 to till last hearing on 10.08.2016. Accordingly, now appeal is posted for hearing on 07.11.2016. To avoid any hardship to assessee by means of recovery proceedings, ld. Counsel for assessee has prayed that stay may be granted till final disposal of appeal. 3. On other hand, ld. DR has objected to grant stay. 4. We have heard both sides and perused records. ld. Counsel for assessee has pleaded that if Department initiate recovery proceedings, petitioner does not have any source of income to make payment of huge taxes in dispute and neither can she resort to outside borrowings, as she does not have any sources to repay same too and moreover she does not possess enough liquidity or bank balances also. He 3 S.P. No.214/M/16 has also submitted that any proceedings initiated by Department to recover tax in dispute, shall cause her great hardship and ruin her existing due to meagre source of income and thus put her livelihood at stake and prayed for granting stay till final disposal of appeal filed by assessee. We find there is prima facie cause and moreover, next hearing of appeal is fixed on 07.11.2016. Under this facts and circumstances, we grant stay from initiating any action towards recovery of outstanding demand for period of sixty days or till disposal of appeal, whichever is earlier with condition that assessee should not seek adjournment for just cause. If delay in concluding hearing is directly attributed on part of assessee, then, stay granted hereinabove shall stand automatically vacated. With above condition, stay petition filed by assessee is disposed off. Order pronounced on 30th September, 2016 at Chennai. Sd/- Sd/- (CHANDRA POOJARI) (DUVVURU RL REDDY) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 30.09.2016 Vm/- Copy to: 1. Appellant, 2. Respondent, 3. CIT(A), 4. CIT, 5. DR & 6. GF. S. Santhanalakshmi v. Assistant Commissioner of Income-tax, Central Circle 2(2), Chennai
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