Agra Development Authority, Agra vs Assessee

Agra Development Authority, vs. D.C.I.T., Circle-1, Jaipur House, Agra. Agra. (PAN : AAALA 0081 F) (Applicant) (Respondent)

Applicant by : Sh. Deepak Singh, Advocate Respondent by : Sh. Waseem Arshad, Sr. DR

Date of hearing : 27.02.2015 Date of pronouncement : 27.02.2015

ORDER

Per G.C. Gupta, V.P. :

By this stay application, the assessee has requested for extension of stay of

outstanding demand of Rs.7,20,04,550/-

2. The ld. Counsel for the assessee submitted that the assessee was granted stay

against the outstanding demand by the Tribunal and the stay has already expired on

10/01/2015.The total demand raised in this case was about Rs.26 crores, out of

which the assessee has already paid a major amount of Rs.18.82 crores. He

submitted that the assessee has a prima facie foolproof case and is hopeful to get

full relief at the level of the Tribunal. He relied on the decision of Hon'ble Delhi 2 SA No. 02/Agra/2015

High Court in the case of India Trade Promotion Organization vs. DGIT

(Exemption) & Others, Writ Petition (C) 1872/2013, in support of his case. The ld.

DR has opposed the submissions of the ld. Counsel for the assessee. He submitted

that it is not a case where mere irregularities have been committed by the assessee,

but, in fact, the provisions of section 2(15) are applicable in the case of assessee. He

submitted that the activities of the assessee are for profit making and not charitable

in nature and, therefore, no extension of stay should be granted to the assessee.

3. We have considered the rival submissions. We find that the assessee was

granted stay by the Tribunal, which expired on 10.01.2015. The assessee has

already paid more than 75% of the demand. Considering the totality of facts of the

case, we are of the view that the assessee deserves extension of stay of outstanding

demand against it, as there is no material change in the facts of the case as they

were at the time of grant of initial stay by the Tribunal. We accordingly stay the

outstanding demand of Rs.7,20,04,550/- till 10th of July, 2015 or till the decision of

the Tribunal, whichever is earlier. We direct accordingly.

4. In the result, the stay application of the assessee is allowed. Order

pronounced in the open court at the time of hearing of stay application on

27.02.2015.

Sd/- Sd/- (PRAMOD KUMAR) (G.C. GUPTA) Accountant Member Vice - President

Date: 27th February, 2015 3 SA No. 02/Agra/2015

*aks/- Copy of the Order forwarded to : 1. Appellant 2. Respondent 3. CIT(A), concerned 4. CIT, concerned 5. DR ITAT, Agra Bench 6. Guard File //True Copy//

By order,

Asstt. Registrar ITAT, Agra Bench, Agra