Stay of demand - The High Court acknowledged that the grant of ...
Income Tax
May 1, 2024
Stay of demand - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.
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