PER: VIKRAM SINGH YADAV, A.M. These stay petitions have been filed by the respective assesses against the orders passed by the Assessing Officer u/s 143(3) of the in respect of Assessment Year 2014-15 raising tax and consequent interest demand against the respective assesses.

2. The ld. AR submitted that in case of M/s Asmi Stonex, the Revenue authorities have carried out survey operations at the premises of the assessee group and basis the statement of the assesses recorded u/s 131 of the, an addition of Rs. 1,99,37,946/- was made on account of excess stock found during the course of survey. Similarly, in case of Shri Tilak Choudhary, addition of Rs. 37,35,072/- was made on account of excess stock found during the course of survey and on the basis of statement recorded u/s 131 of the. In case of Smt. Kusum Choudhary, addition of Rs. 1,05,24,000/- has been made on account of excess stock of Rs. 32,64,000/- and on account of undisclosed debtors of Rs. 72,60,000/- and in case of Shri Pradeep Kumar Choudhary, addition of Rs. 55,80,000/- has been made on account of survey advances found in the note book during the course of survey.

3. The ld AR submitted that in all these cases, addition has been made on wrong valuation and bifurcation by the survey team and the assessee is hopeful that the matter would be decided in favour of the assessee. The ld. AR further submitted that respective assesses have already deposited approximately 20% of the total tax and interest amount and the balance demand may kindly be stayed till disposal of the appeal. S.A No. 28, 27, 26, 25/JP/2017 M/s Asmi Stonex, Kishangarh vs. I.T.O, Kishangarh

4. The ld. DR opposed the stay petition filed by the respective assesses and submitted that instead of staying the balance demand, the assessees may be directed to deposit the balance demand in installments.

5. After hearing both the parties and pursuing the material available on record, we find that respective assesses have deposited taxes only to an extent of 18 -21% of the total tax demand as per details below. The ld AR has submitted that in similar matter in case of Shri Arihant Choudhary (SA No 24/JP/17), the Coordinate Bench has accepted the assessees request for deposit of 50% of tax demand in installments and given that under the identical fact and circumstances of the case, the present stay matters have arisen, it was requested that the respective assessee may be granted stay on deposit of 50% of tax demand. The ld DR has not raised any specific objections to the same. In view of the same, we hereby direct the respective assesses to deposit 50% of the total tax and interest amount taking into account the taxes already deposited pursuant to demand so raised as per details below:- Name of assessee Total tax demand (including interest (Rs.) 50% total tax demand (Rs.) Total tax already deposited (Rs.) Balance tax demand to be deposited now (Rs.) M/s Asmi Stonex 7855321/- 3927660/- 1687000/- (21.47%) 2240660/- Smt. Kusum Choudhary 5291469/- 2645735/- 976000/- (18.44%) 1669735/- Shri Tilak Choudhary 1173663/- 586832/- 241279/- (20.56%) 345553/- Shri Pradeep Kumar Choudhary 2807618/- 1403809/- 514000/- (18.30%) 889809/-

10. The balance tax demand as determined above shall be deposited in three equal installments by the respective assesses, and the balance demand is stayed till S.A No. 28, 27, 26, 25/JP/2017 M/s Asmi Stonex, Kishangarh vs. I.T.O, Kishangarh 28 th Feb or till disposal of the appeals, whichever is earlier. The appeals are already listed for hearing on 31.1.18 and in case the assessee seeks any adjournment of hearing so scheduled without showing any reasonable cause, the stay granted by us shall stand vacated. All the stay petition of the respective assesses are disposed of with above directions. Order pronounced in the open court on 22/12/2017. Sd/- Sd/- dqy Hkkjr foe flag ;kno (Kul Bharat) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Jaipur Dated:- 22/12/2017. Ganesh Kr. vknsk dh izfrfyfi vxzsf"kr@Copy of the order forwarded to:

1. The Appellant- M/s Asmi Stonex, Smt. Kusum Choudhary, Shri Tilak Choudhary, Shri Pradeep Kumar Choudhary

2. The Respondent Income Tax Officer

3. The CIT(A).

4. The CIT,

5. The DR, ITAT, Jaipur

6. Guard File (S.A No. 28, 27, 26, 25/JP/2017) vknskkuqlkj@ By order, lgk;d iathdkj@ Assistant. Registrar S.A No. 28, 27, 26, 25/JP/2017 M/s Asmi Stonex, Kishangarh vs. I.T.O, Kishangarh