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2019 (4) TMI 636 - HC - Income TaxStay of recovery - Interim injunction seeking restraining the respondent from proceeding with the recovery of demand pursuant - TPA - Disallowance u/s 80JJAA - HELD THAT:- The specific submission of the petitioner to the effect that the TP issue was covered by the order of the Tribunal has neither been adverted to nor adjudicated upon, despite being specifically raised by the petitioner. A prima facie case arises in the present case for grant of interim orders. The petitioner also states that the appeal is itself listed for final hearing before the Tribunal on 20.03.2019. In these circumstances, there shall be an interim stay of recovery, as prayed for, upon condition that the petitioner remits 20% of ₹ 61,11,213/- being the disputed demand arising from dis-allowance under section 80JJAA of the Act and provide proof of remittance of the same on 20.03.2019 before the Tribunal before proceeding with the appeal. Both the petitioner and revenue are directed to co-operate in the expeditious disposal of the appeal.
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