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Trilok Chand Chaudhary v. Assistant Commissioner Of Income Tax .

Income Tax Appellate Tribunal
Apr 5, 2019
Smart Summary (Beta)

Factual and Procedural Background

The assessee filed a stay petition seeking a stay of a demand of Rs. 2,31,85,585/-. The matter was heard by the Court, which considered the material and submissions placed before it. The Court did not grant the stay but accepted the assessee's alternative request for an early hearing. The hearing of the appeal was directed to be fixed on 8 May, 2019. The decision was pronounced in open Court on 05.04.2019.

Legal Issues Presented

  1. Whether the stay of the demand of Rs. 2,31,85,585/- should be granted to the assessee.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court heard arguments of both sides and perused the material placed before it. After considering the facts of the case and the submissions, the Court concluded that it was not a fit case for granting a stay of the demand. The Court nonetheless accepted the assessee's alternative request for an early hearing; the learned Departmental Representative raised no objection to that request. Consequently, the Court directed that the appeal hearing be fixed on 8 May, 2019.

Holding and Implications

DISPOSED OF

Holding: The stay application of the assessee is disposed of; no stay of the demand was granted.

Implications: The immediate effect is that the assessee's request for a stay was refused and the appeal will be heard on 8 May, 2019. The opinion does not discuss any broader legal implications or the setting of new precedent.

Show all summary ...

G.D. Agrawal, V.P.:— By this stay petition, the assessee has sought for the stay of demand of Rs. 2,31,85,585/-.

2. We have heard the arguments of both the sides and perused the material placed before us. After considering the facts of the case and submissions of both the sides, we do not consider it a fit case for grant of stay. However, we accept the alternative request of the assessee's counsel for grant of early hearing, to which, learned DR also has no objection. Accordingly, the hearing of the appeal is directed to be fixed on 8 May, 2019.

3. In the result, the stay application of the assessee is disposed of in above terms.

4. Decision pronounced in the open Court on 05.04.2019.