W.P.No.35209 of 2019 IN HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.12.2019 CORAM : HONOURABLE MR.JUSTICE N.KIRUBAKARAN and HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.35209 of 2019 and W.M.P.Nos.35996 & 35998 of 2019 Anjli Infra Housing L.L.P. Rep. by its Designated Partner, Mr.Narendra C.Maher, New No.49, Old No.25, Barnaby Road, Kilpauk, Chennai - 600 010. ... Petitioner Vs 1.Income Tax Appellate Tribunal, 'A' Bench, Chennai - 600 090. 2.Commissioner of Income Tax (Appeals) - 16, 121, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034. 3.The Asst.Commissioner of Income Tax, Central Circle 1 (3), Chennai - 600 034. http://www.judis.nic.in 1/6 W.P.No.35209 of 2019 4.Deputy Commissioner of Income Tax, DCIT Central Circle 1(3), Chennai - 600 034. ...Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue Writ of Certiorari calling for records relating to order dated 29.11.2019 made in S.P.No.317/Chny/2019 in I.T.A.No.3182/Chny/2019 on file of 1st respondent and quash same. For Petitioner : Mr.Jayesh B.Dolia for Aiyar and Dolia. For Respondents : Mr.A.N.R.Jayaprathap, Junior Standing Counsel (I.T.). ORDER (Order of Court was delivered by N.KIRUBAKARAN, J) This Writ Petition has been filed challenging order of dismissal of stay petition in tax case appeal filed before Tribunal. 2.The petitioner company purchased property measuring 2.4 Acres from M/s.Asiatic Oxygen Limited, Public Limited Company for http://www.judis.nic.in 2/6 W.P.No.35209 of 2019 sum of Rs.58,32,75,954/- and total cost of property including stamp duty, registration charges, brokerage and commission was Rs.66,85,22,570/-. Subsequently, raid was conducted by third respondent and found piece of paper in which sum of Rs.80 Crores was mentioned as cost of property. Therefore, Department construed sale consideration as Rs.80 Crores. 3.The third respondent after issuing notice, added Rs.21.94 Crores as "unexplained income" and brought amount to tax vide Assessment Order dated 29.12.2016 issued under Section 143(3) read with Section 153C/153A of Act and tax demand was Rs.11.59 Crores. Aggrieved by said assessment order, petitioner filed appeal before Commissioner of Income Tax (Appeals) and same was rejected. Against rejection of said appeal, petitioner moved appeal before Income Tax Appellate Tribunal with stay petition. 4.The Income Tax Appellate Tribunal rejected stay petition holding that there is no prima facie case and therefore, demand cannot be stayed and petition was dismissed. Against said http://www.judis.nic.in 3/6 W.P.No.35209 of 2019 dismissal of stay petition, this present petition has been filed. 5.Heard Mr.Jayesh B.Dolia for petitioner and Mr.A.N.R.Jayaprathap, Junior Standing Counsel (I.T.) for respondents. 6.Taking into consideration that petitioner has already deposited sum of Rs.2.96 crores, it is appropriate to direct petitioner to pay sum of Rs.1 Crore in three monthly installments before 31st March 2020. On such payment, order passed by Assistant Commissioner of Income Tax stands stayed till disposal of appeal. Further, Income Tax Appellate Tribunal is directed to expedite hearings. 7.In result, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (N.K.K.,J.) (P.V.,J.) 20.12.2019 ay http://www.judis.nic.in 4/6 W.P.No.35209 of 2019 To 1.Income Tax Appellate Tribunal, 'A' Bench, Chennai - 600 090. 2.Commissioner of Income Tax (Appeals) - 16, 121, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034. 3.The Asst.Commissioner of Income Tax, Central Circle 1 (3), Chennai - 600 034. 4.Deputy Commissioner of Income Tax, DCIT Central Circle 1(3), Chennai - 600 034. http://www.judis.nic.in 5/6 W.P.No.35209 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. ay W.P.No.35209 of 2019 and W.M.P.Nos.35996 & 35998 of 2019 Dated:20.12.2019 http://www.judis.nic.in 6/6 Anjli Infra Housing L.L.P. v. Income-tax Appellate Tribunal, Chennai / Commissioner of Income-tax (Appeals) - 16, Chennai / Asst.Commissioner of Income-tax, Central Circle 1(3), Chennai / DCIT Central Circle 1(3), Chennai