Shri Salasar Infrastructures & Developers v. Income-tax Officer, Ward-14(1), Hyderabad
[Citation -2019-LL-0904-59]

Citation 2019-LL-0904-59
Appellant Name Shri Salasar Infrastructures & Developers
Respondent Name Income-tax Officer, Ward-14(1), Hyderabad
Court ITAT-Hyderabad
Relevant Act Income-tax
Date of Order 04/09/2019
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags outstanding demand • stay petition • stay of demand of tax • early hearing of appeal
Bot Summary: PAN: ADIFS3323B Assessee by Sri Murali Mohan Rao Revenue by Smt. Matta Padma, DR Date of hearing 30/08/2019 Date of pronouncement: 04/09/2019 ORDER PER A. MOHAN ALANKAMONY, AM. This Stay Application is filed by the assessee seeking stay from recovery of collection of outstanding demand of Rs. 13,94,921/- for the assessment year 2012-13. At the outset the Ld. AR submitted before us that the assessee has already paid Rs. 53,538/- against the total outstanding demand of Rs. 14,48,459/- and balance to be payable is Rs. 13,94,921/-. Further Learned Counsel for the Assessee submitted that at present the assessee is undergoing huge financial crisis and the situation is very precarious and hence unable to make any further payment of tax. The financial constraints of the assessee cannot be the lone ground for seeking stay from recovering the outstanding demand. In the interest of justice we hereby grant early hearing to the assessee and accordingly we direct the Registry to post the appeal for hearing on 16/09/2019 and intimate both the parties promptly. Further, in order to contain the hardship faced by the assessee, we hereby grant short stay till 30th September, 2019 or until the pronouncement of the order whichever is earlier. In the result, Stay Petition of the assessee is partly allowed as indicated hereinabove.


IN INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER S.A. No.90/Hyd/2018 (In ITA No.508/Hyd/2018) Assessment Year 2012-13 M/s. Shri Salasar Vs. Income Tax Officer, Infrastructures & Ward-14(1), Developers, Hyderabad. Plot No.107, MLA & MP Colony, Road No. 10C, Jubilee Hills, Hyderabad-33. PAN: ADIFS3323B (Appellant) (Respondent) Assessee by Sri Murali Mohan Rao Revenue by Smt. Matta Padma, DR Date of hearing 30/08/2019 Date of pronouncement: 04/09/2019 ORDER PER A. MOHAN ALANKAMONY, AM. This Stay Application is filed by assessee seeking stay from recovery of collection of outstanding demand of Rs. 13,94,921/- for assessment year 2012-13. 2. At outset Ld. AR submitted before us that assessee has already paid Rs. 53,538/- (Rs. 50,000 + Rs. 3,538 Self Assessment Tax) against total outstanding demand of Rs. 14,48,459/- (Tax - Rs. 2 10,72,944 + Rs. 3,75,515 interest) and balance to be payable is Rs. 13,94,921/-. Further Learned Counsel for Assessee submitted that at present assessee is undergoing huge financial crisis and situation is very precarious and hence unable to make any further payment of tax. It was therefore pleaded that stay may be granted to Assessee from recovery of outstanding demand by Revenue. Ld. DR on other vehemently opposed to submission of Ld. AR. 3. We have heard rival submissions and carefully perused materials on record. financial constraints of assessee cannot be lone ground for seeking stay from recovering outstanding demand. However, in interest of justice we hereby grant early hearing to assessee and accordingly we direct Registry to post appeal for hearing on 16/09/2019 and intimate both parties promptly. Further, in order to contain hardship faced by assessee, we hereby grant short stay till 30th September, 2019 or until pronouncement of order whichever is earlier. 4. In result, Stay Petition of assessee is partly allowed as indicated hereinabove. 3 Pronounced in open Court on 04 th September, 2019. Sd/- Sd/- (P. MADHAVI DEVI) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated:04 th September, 2019 OKK Copy to- 1) Shri Salasar Infrastructures & Developers, C/o. P. Murali & Co., Chartered Accountants, 6-3-655/2/3, 1st Floor, Somajiguda, Hyd-82. 2) Income Tax Officer, Ward-14(1), Hyderabad. 3) CIT(A)-6, Hyderabad 4) Pr. CIT-6+, Hyderabad 5) DR, ITAT, Hyderabad 6) Guard File Shri Salasar Infrastructures & Developers v. Income-tax Officer, Ward-14(1), Hyderabad
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