K.G. Developers,, Surat v. The Dy. Commissioner of Income Tax, Circle-2(3),, Surat

MA 135/AHD/2016 | 2010-2011
Pronouncement Date: 19-10-2016 | Result: Allowed

Appeal Details

RSA Number 13520524 RSA 2016
Assessee PAN AAIFK9749C
Bench Ahmedabad
Appeal Number MA 135/AHD/2016
Duration Of Justice 2 month(s) 20 day(s)
Appellant K.G. Developers,, Surat
Respondent The Dy. Commissioner of Income Tax, Circle-2(3),, Surat
Appeal Type Miscellaneous Application
Pronouncement Date 19-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 19-10-2016
Assessment Year 2010-2011
Appeal Filed On 29-07-2016
Judgment Text
MA NO S . 135 136 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11 2010 - 11 2011 - 12 & 2012 - 13 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO S . 135 136 137 & 138 /AHD/201 6 (IN S A NOS. 26 2 7 28 & 29 /AHD/201 6 ) ARISING OUT OF ITA NO S . 2414 /AHD/2014 3288 3289 & 3290 / AHD/201 5 ASSES SMENT YEAR S : 20 10 - 11 2010 - 11 2011 - 12 & 2012 - 13 RESPECTIVELY K. G. DEVELOPERS ............. ... .. APPLICANT FINAL PLOT NO.104 ALTHAN CANAL R OAD NR. GUJARAT VITRAN M A THAK ALTHAN SURAT. [PAN: AA IFK 9749 C ] VS. DY. COMMISSIONER OF INCOME TAX CIRCLE 2(3) SURAT. . . . RESPONDENT APPEARANCES BY: S.N. SOPRKAR AND PARIN SHAH FOR THE APPLICANT PRASOON KABRA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 16.09.2016 DATE OF PRONOUNC ING THE ORDER : 19. 10. 2016 O R D E R PER PRAMOD KUMAR AM : [1] BY WAY OF THESE MISCELLANEOUS APPLICATION S THE ASSESSEE APPLICANT SEEKS MODIFICATION IN THE CONSOLIDATED STAY O RD ER DATED 22.03.2016 IN STAY APPLICATION NOS.26 27 28 & 29/AHD/2016 TO THE EXTENT THAT THE TIME LIMIT TO DEPOSIT THE SUM OF RS.50 00 000/ - BE EXTENDED UPTO 1 3 .07.2016 I.E. TILL THE DATE OF ACTUAL DEPOSIT AS AGAINST THE TIME LIMIT ORIGINALLY GR A N T ED I.E. TILL 22.05.2016. MA NO S . 135 136 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11 2010 - 11 2011 - 12 & 2012 - 13 PAGE 2 OF 3 [2] LEARNED COUNSEL SUBMITS THAT WHILE THE ABOVE APPLICANT HAS DULY PAID SUM OF RS.50 00 000/ - AS DIRECTED BY THE TRIBUNAL ON ACCOUNT OF LIQUIDITY CRISIS THE PAYMENTS WERE MADE IN TWO INSTALMENTS ON 30.03.2016 AND 13.07.2016 OF RS.6 00 000/ - AND RS.44 00 000/ - RESPECTIVELY. HE PR A YS THAT THI S DELAY IN MAKING THE PAYMENTS OUT OF THE OUTSTANDING TAX AND INTER EST LIABILITY MAY KINDLY BE CONDONE D AND TO THAT EXTENT THE ORDER DATE D 22.03.2016 GRANTING STAY BE MODIFIED. [3] LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT SERIOUSLY OPPOSE THE REQUEST FOR MODIFICATION AND LE A V E S THE MATTER TO THE BENCH. [4] WE HAVE NOTED THAT THE ASSE SS EE HAS IN SUBSTANCE COMPLIED WITH THE CONDITION ON WHICH THE STAY WAS GRANTED INASMUCH AS RS.50 00 000/ - WAS ACTUALLY PAID BY THE A SSESSEE BUT THERE HAS BEEN DELAY IN M A KING THE AFORESAID PAYMENT . WE ARE OF THE CONSIDERED VIEW THA T TH IS DELAY IN PARTIAL PAYMENT OF OUTSTANDING DUE AS DIRECTED BY THE TRIBUNAL MAY BE CONDONED AND ACCORDINGLY THE STAY ORDER BE MODIFIED TO THAT EXTENT. IN OTHER WORDS IN TERMS OF THE ORDER DATED 22.03.2016 THE STAY APPLICATIONS A RE MODIFIED IN VIEW OF TH E PAYMENT OF RS.50 00 000/ - AS ABOVE AND THE RELATED APPEALS WILL COME UP FOR HEARING ON 2 7 . 10 .2016. [5] IN THE RESULT ALL THESE MISCELLANEOUS APPLICATIONS ARE ALLOWED IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON 19 TH DAY OF OCTOBER 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 19 TH DAY OF OCTOBER 2016. MA NO S . 135 136 137 & 138 /AHD/201 6 ASSESSMENT Y EAR S : 1010 - 11 2010 - 11 2011 - 12 & 2012 - 13 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES AHMEDABAD