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2013 (8) TMI 183 - ITAT MUMBAITrust v/s Association Of Persons (AOPs) - provisions of section 161(1A)invoked enhancing total income chargeable to tax at the maximum margin rate - whether assessee has a prima-facie case for grant of stay? - Held that:- As decided in one of the beneficiaries' case i.e., UIT Mutual Funds [2013 (3) TMI 350 - BOMBAY HIGH COURT] that on these facts and circumstances, the assessee has a prima-facie case for grant of stay of the demand and there are various issues which warrant adjudiction and in such a situation, stay should be granted. The observations of the Hon'ble Jurisdictional High Court as given in case of UTI Mutual Fund (supra) and also in the similar W.P., [2012 (3) TMI 333 - BOMBAY HIGH COURT] are still applicable and relevant in case of the assessee even after passing of the Commissioner (Appeals)'s order. Therefore, in the interest of justice this is a fit case for grant of stay. The Registry is directed to fix the appeal on out-of-turn basis on 26th June 2013, for hearing of appeals on merit.
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