Banda Satyanarayana v. Income-tax Officer, Ward–9(4), Hyderabad
[Citation -2016-LL-1014-12]

Citation 2016-LL-1014-12
Appellant Name Banda Satyanarayana
Respondent Name Income-tax Officer, Ward–9(4), Hyderabad
Court ITAT-Hyderabad
Relevant Act Income-tax
Date of Order 14/10/2016
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags financial hardship • recovery of tax • extension of time
Bot Summary: In the M.A. the assessee, inter-alia, stated as under: a. That the stay granted vide stay application No.24/Hyd/2016, may be extended for a further period of 3 months. c. The deputy commissioner of income tax, or the commissioner of income tax or their subordinates or their successors may be restrained from taking any action as regards recovery of tax, interest and penalty levied or leviable for the relevant assessment year. AR submitted that out of the tax demand i.e. tax component of Rs. 24,25,241/- and interest component of Rs.8,15,052/-, the assessee has already paid an amount of Rs. 18,78,648/-, which is approximately 75 of the tax demand. He submitted that the assessee is not in a position to pay further, and hence, the stay granted may be extended for a further period of three months or till the disposal of the corresponding appeal by the Tribunal as the assessee has strong prima facie case on merits. DR, on the other hand, has objected for granting extension of stay. The balance of convenience is in favour of the assessee in extending the stay already granted earlier vide order dated 01/04/2016, as the assessee has already paid 75 of taxes raised and admitted that he is facing financial hardship to pay the balance taxes. As requested by the AR of the assessee, the extension of stay is granted for a period of 180 days or till the disposal of the appeal of the assessee, whichever is earlier.


THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER S.A. No. 59/H/16 (in ITA No. 291/Hyd/2016 Assessment Year: 2012-13 Banda Satyanarayana, vs. Income Tax Officer, Hyderabad. Ward 9(4), Hyderabad. PAN AEEPB 2895C (Applicant) (Respondent) Assessee by : Shri P. Balakrishna Revenue by : Shri K.J. Rao Date of hearing : 14-10-2016 Date of pronouncement : 14-10-2016 ORDER PER S. RIFAUR RAHMAN, A.M.: This Stay Application has been filed by assessee seeking extension of stay granted vide SA No. 24/Hyd/2016, dated 01/04/2016. 2. In M.A. assessee, inter-alia, stated as under: a. That stay granted vide stay application No.24/Hyd/2016, may be extended for further period of 3 months. b. That recovery proceedings initiated against petitioner may be stayed till disposal of appeal by Hon'ble Tribunal. c. deputy commissioner of income tax, or commissioner of income tax or their subordinates or their successors may be restrained from taking any action as regards recovery of tax, interest and penalty levied or leviable for relevant assessment year. d. hearing of appeal may be expedited. 2 S.A. No. 59 /Hyd/2016 Banda Satyanarayana, Hyd. 3. ld. AR submitted that out of tax demand i.e. tax component of Rs. 24,25,241/- and interest component of Rs.8,15,052/-, assessee has already paid amount of Rs. 18,78,648/-, which is approximately 75% of tax demand. He further submitted that assessee has paid tax as per earlier direction of Tribunal upto previous month @ Rs. 50,000/- per month. He, therefore, submitted that assessee is not in position to pay further, and hence, stay granted may be extended for further period of three months or till disposal of corresponding appeal by Tribunal as assessee has strong prima facie case on merits. 4. ld. DR, on other hand, has objected for granting extension of stay. 5. Considered rival submissions of parties and perused material facts on record. balance of convenience is in favour of assessee in extending stay already granted earlier vide order dated 01/04/2016, as assessee has already paid 75% of taxes raised and admitted that he is facing financial hardship to pay balance taxes. As requested by AR of assessee, extension of stay is granted for period of 180 days or till disposal of appeal of assessee, whichever is earlier. AO is hereby directed accordingly. 6. In result, SA filed by assessee is allowed. Pronounced in open court on 14 th October, 2016. Sd/- Sd/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 14 th October, 2016 kv 3 S.A. No. 59 /Hyd/2016 Banda Satyanarayana, Hyd. Copy to:- 1) Mr. Banda Satyanarayana, H.No. 9-26, Lalitha Nagar, Dilsukhnagar, Hyderabad 500 060 2) ITO, Ward 9(4), Hyderabad 3) CIT(A)-7, Hyderabad 4)Pr. CIT 7, Hyderabad 5) Departmental Representative, I.T.A.T., Hyderabad. 6) Guard File Banda Satyanarayana v. Income-tax Officer, Ward–9(4), Hyderabad
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