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TMI Blog2020 (4) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to be not in a position to perform these obligations. Given this situation, we are satisfied that this situation calls for our interference. In any case, even though we refrain from commenting upon merits of the case at this stage, we find that prima facie the assessee has an arguable case in appeal. Assessee has already paid his entire tax liability, and in case the assessee is to opt for Vivad se Vishwas Scheme, he will have nothing further to pay. In these circumstances, the legitimate interests of the revenue cannot be prejudiced by our grant of stay on the remaining outstanding dues which are primarily on account of levy of interest, and consequential levies. In view of the above discussions, as also bearing in mind entirety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, Vice President For the Appellant : Vipul Joshi and Dinkle Hariya For the Respondent : Avneesh Kumar ORDER PER PRAMOD KUMAR VP: 1. The assessee applicant, by way of an email, sought an extremely urgent hearing of this stay petition. On a perusal of the reasons on record, and on a consideration of all the related facts, it was deemed fit and proper to hear this petition on urgent basis. However, as our physical office at Mumbai is not functioning at present, in view of the lockout and in view of guidelines of the Government of Maharashtra, it was considered appropriate to hear this stay petition, through web based video conferencing, from home offices of the respective Members of this coram. 2. By way of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been deleted by the CIT(A) but, according to the assessee, the Assessing Officer is yet to give effect to the CIT(A) s order. The assessee is now in appeal before us. In the meantime, the stay petitions filed by the assessee before the Assessing Officer and the PCIT, but without any success. All the bank accounts of the assessee have also been subjected to attached by garnishee proceedings under section 226(3). The Assessing Officer has also attached all the debtors, including Malegaon Municipal Corporation, by issuing garnishee notices to them under section 226(3). The work of the assessee has now come to standstill. It is also submitted that the assessee is not in a position to pay its labourers, even though there are directions from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd assessee s debtors, the assessee is stated to be not in a position to perform these obligations. Given this situation, we are satisfied that this situation calls for our interference. In any case, even though we refrain from commenting upon merits of the case at this stage, we find that prima facie the assessee has an arguable case in appeal. We have also taken note of the fact that the assessee has already paid his entire tax liability, and in case the assessee is to opt for Vivad se Vishwas Scheme, he will have nothing further to pay. In these circumstances, the legitimate interests of the revenue cannot be prejudiced by our grant of stay on the remaining outstanding dues which are primarily on account of levy of interest, and conse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated appeal, for hearing on out of turn basis, on 8th June 2020. 9. In view of the above, all the garnishee orders issued by the revenue authorities on the bankers and debtors of the assessee are hereby suspended. These orders are thus declared to be no longer in force. 10. We also deem it appropriate to direct the learned Departmental Representative to convey this order to the field authorities. We also direct the Assistant Registrar ITAT, who is present in these proceedings, to send a certified copy of the order, by email, to the parties as soon as possible. 10. In the result, the stay application is allowed in the terms indicated above. Pronounced in the open court on 24th day of April 2020. - - TaxTMI - TMITax - Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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