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Shri Narendra Kumar Saraogi , Kolkata v. Dcit, Central Circle - 3(4), Kolkata , Kolkata

Shri Narendra Kumar Saraogi , Kolkata v. Dcit, Central Circle - 3(4), Kolkata , Kolkata

(Income Tax Appellate Tribunal, Kolkata)

80/Kol/2018 | 16-07-2018

These two assessees have filed their instant stay petitions Nos. 77 to 78 & 79 to 80/Kol/2018 for assessment years 2013-14 and 2014-15 (tax payer S.A Nos. 77 78 & 79-80/KOL/2018 (A.Ys. 2013-14,2014-15 & 2014-15 & 2015-16) Smt. Urmila Saraogi & Shri Narendra Kumar Saraogi wise) seeking to restrain the department from recovering the impugned outstanding demands of Rs. 31,17,536/- and Rs. 1,12,15,974/-, Rs. 1,05,68,772/- and Rs. 1,49,31,771/- out of gross deemed sums of Rs. 33,70,310/-, Rs. 2,36,11,860/-, Rs. 1,11,66,240/- and Rs. 1,68,18.130/- respectively, arising from both the lower authorities identical action treating their long term capital gains in question as unexplained thereby invoking section 68 of the Income Tax Act, 1961, in short the.

2. We have heard learned counsel as well as the Revenue in all four cases together. Mr. Surana submits at the outset that these two assessees do not wish to press for the instant stay relief at this stage provided their main cases are taken up for hearing on an actual / early date. The Revenue is equally fair in not opposing the same. We therefore reject assessees instant stay relief at this stage with a direction to the registry to fix all these four main cases for hearing on 18.09.2018. Both the learned representative have noted down the said date of hearing before us. The registry may not sent further notice for the above date of hearing for the time being.

3. These assessees stay petitions are partly accepted in above terms. Order pronounced in the open Court on 16 th July, 2018 Sd/- Sd/- (A.L. Saini) (S.S. Godara) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 16/07/2018 Biswajit, Sr. PS S.A Nos. 77 78 & 79-80/KOL/2018 (A.Ys. 2013-14,2014-15 & 2014-15 & 2015-16) Smt. Urmila Saraogi & Shri Narendra Kumar Saraogi Copy of order forwarded to: 1 Smt. Urmila Devi Saraogi & Shri Narendra Kumar Saraogi, BF-254, Salt Lake, Kolkata 700064. 2 DCIT, Central Circle (3)4, 110, Shanti Pally, Near Ruby Hospital, E.M. Bye Pass, Aayakar Bhawan, Kolkata 700 107. 3 The CIT(A), 4 The CIT 5 DR True Copy, By order, Sr. P.S. / H.O.O. ITAT, Kolkata

Advocate List
Bench
  • SHRI S.S. GODARA, JUDICIAL MEMBER
  • DR. A.L. SAINI, ACCOUNTANT MEMBER
Eq Citations
  • LQ/ITAT/2018/11178
Head Note

Income Tax — Stay petition — Assessee's instant stay relief rejected at this stage — Direction to registry to fix all these four main cases for hearing on 18.09.2018 — Registry may not sent further notice for the above date of hearing for the time being