Kishore Jagannath Dandeker v. The Income-tax Officer, Non-Corporate Ward-11(3), Chennai
[Citation -2019-LL-0927-49]

Citation 2019-LL-0927-49
Appellant Name Kishore Jagannath Dandeker
Respondent Name The Income-tax Officer, Non-Corporate Ward-11(3), Chennai
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 27/09/2019
Assessment Year 2015-16
Judgment View Judgment
Keyword Tags unexplained investment • sale consideration • extension of stay • differential amount
Bot Summary: PAN:AAEPD2514N Petitioner by Shri R. Vijayaraghavan, Advocate Respondent by Ms. R. Anita, JCIT Date of hearing 27.09.2019 Date of Pronouncement 27.09.2019 ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This stay petition is filed by the assessee seeking grant of extension of stay from recovery of the outstanding disputed demand of.22,38,930/- till the final disposal of the appeal filed by the assessee for the assessment year 2015-16. Counsel for the assessee that the assessment under section 143(3) of the Income Tax Act, 1961 Act in 2 S.P. No. 272/Chny/19 short was completed by making addition of.12,25,000/- being difference in sale consideration received as well as unexplained investment of.54,00,000/-. Counsel for the assessee has submitted that against the total tax payable. Counsel for the assessee has submitted that there is prima facie case in appeal filed by the petitioner and moreover, the assessee has already paid.5,00,000/- against the total tax demanded and pleaded that stay may be granted till final disposal of the appeal filed by the petitioner. Further, we direct the assessee not to seek adjournment other than for just cause. If the assessee is found violated the above condition, the stay granted hereinabove shall be vacated automatically. With the above, stay petition filed by the assessee is disposed off.


IN INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHENNAI Before Shri Inturi Rama Rao, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member S.P. No. 272/Chny/2019 [In I.T.A. No. 2657/Chny/2019] Assessment Year: 2015-16 Shri Kishore Jagannath Dandeker, Income Tax Officer, New No. 48, Old No. 34, Flat No. 2A, Vs. Non-Corporate Ward 11(3), Parinam, Aspirin Garden, 1st Street, Chennai 600 034. Kilpauk Garden, Kilpauk, Chennai 600 010. [PAN:AAEPD2514N] (Petitioner) (Respondent) Petitioner by Shri R. Vijayaraghavan, Advocate Respondent by Ms. R. Anita, JCIT Date of hearing 27.09.2019 Date of Pronouncement 27.09.2019 ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This stay petition is filed by assessee seeking grant of extension of stay from recovery of outstanding disputed demand of .22,38,930/- till final disposal of appeal filed by assessee for assessment year 2015-16. 2. It was submission of ld. Counsel for assessee that assessment under section 143(3) of Income Tax Act, 1961 [ Act in 2 S.P. No. 272/Chny/19 short] was completed by making addition of .12,25,000/- being difference in sale consideration received as well as unexplained investment of .54,00,000/-. On appeal, ld. CIT(A) confirmed both disallowance and addition, against which, petitioner preferred further appeal before Tribunal. 3. ld. Counsel for assessee has submitted that against total tax payable .27,38,930/-, assessee has already paid .5,00,000/-. Moreover, it was submitted that there is prima facie case in appeal filed by petitioner and thus, prayed that stay may be granted till final disposal of appeal. 4. On other hand, ld. DR has objected to grant stay. 5. We have heard both sides and perused records. We have carefully considered arguments of ld. Counsel for assessee. Before Bench, ld. Counsel for assessee has submitted that there is prima facie case in appeal filed by petitioner and moreover, assessee has already paid .5,00,000/- against total tax demanded and pleaded that stay may be granted till final disposal of appeal filed by petitioner. Under above facts and circumstances, we grant stay of recovery of outstanding amount for period of six months from date of this order or till final disposal of appeal, whichever is earlier subject 3 S.P. No. 272/Chny/19 to condition that petitioner should pay .5,00,000/- [Rupees five lakhs only] on or before 31.10.2019 and produce receipt. 6. Further, we direct assessee not to seek adjournment other than for just cause. If assessee is found violated above condition, stay granted hereinabove shall be vacated automatically. With above, stay petition filed by assessee is disposed off. Order pronounced on 27th September, 2019 at Chennai. Sd/- Sd/- (INTURI RAMA RAO) (DUVVURU RL REDDY) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 27.09.2019 Vm/- Copy to 1. Appellant, 2. Respondent, 3.CIT(A), 4. CIT, 5. DR & 6. GF. Kishore Jagannath Dandeker v. Income-tax Officer, Non-Corporate Ward-11(3), Chennai
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