Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 688 - AT - Income TaxApplication for stay - Demand - Penalty - The outstanding demand was recovered by the Assessing Officer by coercive measures and that too when the stay applications filed by the assessee before the Tribunal were pending in the sense that they were not even fixed for hearing - AO had a justifiable basis to believe that the assessee was not entitled to get a stay of outstanding demand beyond the period 365 days and with this bona fide belief, he proceeded to recover the outstanding demand which was pending for more than three years - The mode of recovery adopted by the Assessing Officer, therefore, cannot be regarded as a coercive measure taken by him to recover the outstanding demand from the assessee in undue haste and that too with an intention to thwart the stay proceedings before the Tribunal - Decided against the assessee
|