PER GEORGE GEORGE K : This Stay Petition is filed by the assessee for seeking stay against the recovery of outstanding tax amounting to Rs.59,26,758/-
2. Brief facts of the issue are as follows:- The assessee, an individual, is a trader in gold jewellery. For the concerned asst. year, viz. 2008-09, return of income was filed Page 2 of 3 S.P. No.121/Bang/2011 on 28.9.2008 declaring a total income of Rs.31,09,390/-. Scrutiny assessment u/s 143(3) of the Act was completed vide order dated 30.12.2010. In the scrutiny assessment completed, an addition of Rs.1,37,98,322/- was made by the AO on account of difference in valuation of closing stock. The AO adopted (First In First Out) FIFO method of valuing closing stock as against the average cost method adopted by the assessee and brought to tax Rs.1,37,98,322/- being difference between FIFO method as worked out by the AO amounting to Rs.2,85,51,202/- and the value adopted by the assessee under the average cost method amounting to Rs.1,47,52,880/-.
3. The view of the AO was affirmed by the CIT(A) in his order dated 8.8.2011.
4. The assessee being aggrieved has filed an appeal before the Tribunal (ITA No.776/Bang/2011) and also the stay application (S P No.121/Bang/2011). The Stay Application was taken up for hearing today on the 7th October, 2011. It was stated that the AO is threatening to take coercive steps to recover the disputed tax. It was submitted that the assessee is confident of succeeding in the appeal filed before the Tribunal and is unable to pay any portion of the tax that is disputed in the appeal. Alternatively it was contended that an early hearing of the appeal may be granted in the event the stay is refused. Page 3 of 3 S.P. No.121/Bang/2011
5. The learned DR opposed the grant of stay against the recovery of tax.
6. We have heard the rival submissions and perused the material on record. We are of the view; the appeal can be disposed off without much delay. Accordingly, the Registry is directed to post the case for final hearing on 27/10/2011. Since the appeal has been posted for final hearing to 27/10/2011, the Stay Petition filed by the assessee is rejected.
7. In the result, the Stay Petition filed by the assessee is dismissed. Sd/- Sd/- (N BARATHVAJA SANKAR) (GEORGE GEORGE K) VICE PRESIDENT JUDICIAL MEMBER Bangalore, Dt.07/10/2011 Copy to : 1. The Revenue 2. The Assessee 3. The CIT concerned.
4. The CIT(A) concerned. 5. DR 6. GF MSP/ By order Asst. Registrar, ITAT, Bangalore.