Parmanandas Jivandas Hindu Gymkhana, vs Assessee

Income Tax Appellate Tribunal27 February 2015

CitationITA NO.1057/Mum/2015)

Ratio decidendi

The rule this decision rests on

The Tribunal, having considered the stay application, declined to stay the disputed demand because the assessee had not, at this stage, made out a case for a stay; the court expressly refrained from deciding the merits of the appeal, so the principle it applies is that a stay of demand pending appeal is refused where the assessee has not established a prima facie case warranting interim relief, without reaching the merits.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

आयकर अपीलय अ धकरण, मुंबई यायपीठ, "सी" , मुंबई ।IN THE INCOME TAX APPELLATE TRIBUNALी जोिग दर सह, याियक सद य एवंMUMBAI BENCHES "C", MUMBAIी बी.आर. भा करन लेखा सद य, के समBefore Shri Joginder Singh, Judicial Member, andShri B.R. Baskaran, Accountant MemberS.A. No.50/Mum/2015(Arising out of ITA NO.1057/Mum/2015)Assessment Year:2010-11Parmanandas Jivandas ITO-E-(II)(1),Hindu Gymkhana, बनाम/ Pirmal Chambers,Netaji Subhash Road, Lower Parel,Marine Drive, Vs. MumbaiMumbai-400002( नधा रती /Assessee) (राज व /Revenue)P.A. No.AAACP3868Qनधा रती क ओर से / Assessee by): Shri Harsh R. Kothariराज व क ओर से / Revenue by Shri Vivek Perampurna-DRु वाई क तार!ख /सन 27/02/2015Date of Hearing :आदे श क तार!ख /Date of Order 27/02/2015आदे श / O R D E RPER JOGINDER SINGH (Judicial Member):This stay application is filed by the assessee withrequest to stay the outstanding demand of Rs.42,15,670/-.During hearing of this application, Shri Harsh R. Kothari, ld.

2 Parmanandas Jivandas Hindu Gymkhana,

Counsel for the assessee, contended that the assessee is having prima facie a good case in its favour and had also having little liquidity to pay the outstanding demand in dispute. It was also pleaded that out of the total demand the tax portion is only Rs.12,98,194/-. The ld. Counsel contended that the disputed amount may be stayed. On the other hand, Shri Vivek Perampurna, ld. DR, contended that either the stay application of the assessee may be rejected or the interest of the Revenue may be safeguarded.

2. We have considered the rival submissions and perused the material available on record. Without going into much deliberation/merits of the appeal, we are of the view, that at least at the stage, has not proved its case for granting the stay, therefore, the stay application of the assessee is dismissed. However, in the interest of justice and fair play, early hearing is granted to the assessee for 20/04/2015. The assessee is directed not seek adjournment without any cogent reason and shall cooperate for early disposal of the appeal. Since, the next date of hearing i.e. 20/04/2015 was pronounced in the open court and duly noted by the respective counsel, therefore, the Registry of this Tribunal shall not issue notice of hearing for the appointed date i.e. 20/04/2015. With this observation, the stay application of the assessee is declined.

Finally, the stay application of the assessee is dismissed in terms indicated hereinabove.

3 Parmanandas Jivandas Hindu Gymkhana,

This Order was pronounced in the open court in the presence of ld. representatives from both sides, at the conclusion of the hearing, on 27/02/2015.

Sd/- Sd/- (B.R. Baskaran) (Joginder Singh) लेखा सद#य / ACCOUNTANT MEMBER या$यक सद#य / JUDICIAL MEMBER मब

ुं ई Mumbai; #दनांक Dated :27/02/2015 f{x~{tÜ? P.S/. न.स.

आदे श क %$त'ल(प अ)े(षत/Copy of the Order forwarded to :

1. अपीलाथ' / The Appellant

2. ()यथ' / The Respondent.

3. आयकर आय* ु त(अपील) / The CIT, Mumbai.

4. आयकर आय* ु त / CIT(A)- , Mumbai

5. ,वभागीय ( त न.ध, आयकर अपील!य अ.धकरण, मब ुं ई / DR, ITAT, Mumbai

6. गाड फाईल / Guard file.

आदे शानस ु ार/ BY ORDER, स)या,पत ( त //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, मब ुं ई / ITAT, Mumbai

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