ITAT grants stay as appellant already paid 20% Tax Demand

M/s. Shubh Share Broking Pvt. Ltd Vs ITO (ITAT Kolkata)

In the present case, assessee needs to seek stay of outstanding demand since his Bank account has been attached by the department. Also he has financial stringency.

ITAT state that the assessee shall pay an amount of ₹5 lakh on or before 30.03.2020. The balance outstanding demand is stayed for the period of six months or the disposal of this appeal whichever is earlier. Further, the AO is directed to withdraw all the attachments of the bank accounts forthwith, and enable the assessee to pay this amount of ₹5 lakh.

FULL TEXT OF THE ITAT JUDGEMENT

By this Stay Petition the assessee seeks stay of outstanding demand for the AY 2012-13.

2. The ld. Counsel for the assessee submitted that the assessee has a prima facie case. He further submitted that the assessee has financial stringency. He submits that all the bank accounts are attached by the Department and hence the assessee has no liquidity. The ld. Counsel submitted that the assessee has paid 20% of the demand and according to the recent view of the Department stay may be granted if 20% of the tax has been paid. He requested for relief.

3. The ld. DR opposed the contentions and submitted that the assessee does not have a prima facie case. He submitted that the assessee may be directed to pay the entire demand. The ld. DR has no objection if the case is posted for early hearing.

4. After hearing rival contentions, we are of the considered opinion that the balance of convenience in this case is in favour of grant of relief to the assessee. Hence we order as follows:

a) The assessee shall pay an amount of ₹5 lakh on or before 30.03.2020. The balance outstanding demand is stayed for the period of six months or the disposal of this appeal whichever is earlier.

b) The AO is directed to withdraw all the attachments of the bank accounts forthwith, and enable the assessee to pay this amount of ₹5 lakh.

c) The Registry is directed to post the case for early hearing on out of turn basis on 20.04. 2020.

5. The assessee shall not except under exceptional and bona fide circumstances seek adjournment in the matter, lest it runs a risk of losing the stay granted herein. Ordered accordingly.