Vandana Mishra v. Dy. CIT-13(3)(1), Mumbai
[Citation -2016-LL-1007-138]

Citation 2016-LL-1007-138
Appellant Name Vandana Mishra
Respondent Name Dy. CIT-13(3)(1), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 07/10/2016
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags outstanding demand • chawl
Bot Summary: Love Kumar, DR. Date of Hearing : 07/10/2016 Date of pronouncement : 07/10/2016 ORDER PER N.K. PRADHAN, A.M This stay application has been filed by the assessee against the outstanding demand of Rs.26,41,872/- inclusive of interest of Rs.8,19,365/- for the assessment year 2013-14 with a request to grant stay till the disposal of captioned appeal by the Tribunal. Counsel of the assessee stated that the assessee has already paid a sum of Rs.3,47,054/- and the balance outstanding is Rs.26,41,872/-. We deem it fit to grant the stay of the remaining demand till the disposal of the appeal or a period of 180 days from the date of this order, whichever is earlier subject to the further payment of Rs.5,00,000/- on or before 07/11/2016. This stay is subject to the condition that the assessee shall file an undertaking before the AO to the effect that it shall not alienate any of its immovable properties till the disposal of the present appeal. Further, the SA No. 352/Mum/2016 2 assessee will not seek adjournment without just cause. The registry is directed to fix this appeal for hearing on 23rd November, 2016 as was announced in the open court. In the result, the stay application is allowed in above terms.


IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F , MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) SA No. 352/Mum/2016 (in ITA No. 5652/MUM/2016) Assessment Year: 2013-14 Smt. Vandana Mishra, Vs. Dy. CIT 13, (3)(1) 27-B Gopal Vihar, Chawl, Mumbai Navagon, Dahisar West, Mumbai-400068 PAN No. ACRPM5217G (Appellant) (Respondent) Assessee by : Shri. Bhupendra Shah, AR Revenue by : Shri. Love Kumar, DR. Date of Hearing : 07/10/2016 Date of pronouncement : 07/10/2016 ORDER PER N.K. PRADHAN, A.M This stay application has been filed by assessee against outstanding demand of Rs.26,41,872/- inclusive of interest of Rs.8,19,365/- for assessment year 2013-14 with request to grant stay till disposal of captioned appeal by Tribunal. 2. ld. counsel of assessee stated that assessee has already paid sum of Rs.3,47,054/- and balance outstanding is Rs.26,41,872/-. He, therefore, prayed that remaining demand of Rs.26,41,872/- be stayed till disposal of appeal. On other hand, ld. DR opposed grant of full stay. 3. Having heard rival submissions and perused relevant material on record, we find that Assessing Officer (AO) has made addition of income of Rs.58,97,500/- as Short Term Capital Gains. We, therefore, deem it fit to grant stay of remaining demand till disposal of appeal or period of 180 days from date of this order, whichever is earlier subject to further payment of Rs.5,00,000/- on or before 07/11/2016. This stay is subject to condition that assessee shall file undertaking before AO to effect that it shall not alienate any of its immovable properties till disposal of present appeal. Further, SA No. 352/Mum/2016 2 assessee will not seek adjournment without just cause. In case any of above conditions are not complied with, case will be de-listed from priority list and come up for hearing in normal course. With these observations, and subject to above terms and conditions, stay application of assessee gets disposed of accordingly. registry is directed to fix this appeal for hearing on 23rd November, 2016 as was announced in open court. 4. In result, stay application is allowed in above terms. Order pronounced in open court on 07/10/2016 Sd/- Sd/- (MAHAVIR SINGH) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 07/10/2016 AKV(On Tour) Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A)- 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai Vandana Mishra v. Dy. CIT-13(3)(1), Mumbai
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