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2014 (12) TMI 979 - HC - Income TaxRejection of stay application on appeal pending before CIT(A) Appeal filed for assessment order passed u/s 143(3) r.w. section 263 by Vodafone India Limited - ₹ 320.44 crores to be stayed till disposal or not Held that:- Taking note of the fact that the assessee has already paid approximately 40% of the total amount of the dues for AY 2006-07 and the assessee has acted in right earnest in having the appeal disposed of and the last hearing was held as far back as on 25 June 2014, the delay thereafter in disposing of the appeal is entirely due to CIT (A) as the remand report was called for on 12 November 2014 - It is only now that the petitioner has learnt for the first time that the remand report has been called for by the CIT (A) by virtue of the affidavit dated 16 December 2014 filed by the AO in reply to the present petition thus, it would only be fair that the balance demand of ₹ 320.45 crores is stayed till the disposal of the appeal by the CIT (A) Stay granted. Also in UTI Mutual Fund vs. ITO [2012 (3) TMI 333 - BOMBAY HIGH COURT] it has been held that the orders passed by the Authorities under the Act would not be enforced till such time as the period to file an appeal before the Appellate Authority expires and where stay applications have been filed, the Revenue would not adopt coercive proceedings till the disposal of the stay application by the Appellate Authorities Decided in favour of assessee.
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