2020 (3) TMI 862

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....order dated 5-07-2019, this Tribunal has considered the fact that the assessee has already paid the sum of Rs. 1,20,33,541/- out of total demand of Rs. 4.00 crores arising from the penalty levied u/s 271AAB of the Act. Thus the assessee has already paid more 30% of the total demand and already argued the matter. However, the same was released by this Tribunal in view of the facts that other connected appeals arising from the same search and seizure action of the group concerns are pending before the lower authorities. Thus the Tribunal directed the ld. CIT(A) to dispose off the appeals expeditiously so that all the connected group appeals can be heard together and disposed off. The ld.AR of the assessee pointed out that till date some of ap....

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.... 7-02-2019 and thereafter it was fixed for clarification on 18-03-2019. Finally the appeal of the assessee was released and adjourned sine die vide order dated 30-04-2019 as under:- ''30/04/2019: At the time of hearing on clarification of the matter on the point of status of the appeals in the case of Shri Megh Raj Singh Shekhawat (in short the MRS group) subjected to the search and seizure action U/s 132 of the Income Tax Act, 1961 (in short the Act) wherein a composite amount of Rs. 105 crores was disclosed by the said group and statement of Shri Megh Raj Singh Shekhawat U/s 132(4) of the Act was recorded on behalf of the group. Therefore, the said amount of Rs. 105 crores was divided and bifurcated among five persons including t....

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....spose off other connected appeals of the same group expediently and not later than four weeks from the receipt of the said order. Till date the department has not given the status of the appeals pending before the ld. CIT(A). Thus in the facts and circumstances of the case when the assessee has already deposited more than 30% of the total demand and connected appeals are also pending with the ld. CIT(A) and without the same the appeal of the assessee cannot be decided independently,we are of the considered opinion that the assessee has made out a case for the stay of demand till the appeals of other connected persons of the same group are decided by the ld. CIT(A). Accordingly, we stay outstanding demand for a period of 90 days or till the ....