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2015 (1) TMI 15 - HC - Income TaxRefusal to grant stay of outstanding demand - prima facie case on merits considered or not – Guidelines laid down in KEC International Ltd. V. B.R. Balakrishnan not considered - Held that:- In KEC International Ltd. V. B.R. Balakrishnan [2001 (3) TMI 32 - BOMBAY High Court] guidelines has been laid down to be kept in mind by the Authorities while disposing of the stay applications - one of the factors to be considered while granting stay is to examine the question in appeal before directing the petitioner to deposit the full amount or pay the amount partially till the disposal of the appeal by the CIT(A) – CIT(A) while passing the order has clearly ignored the decision and the parameters laid down while disposing of the stay applications – thus, the order is set aside and stay granted till the disposal of appeal – Decided in favour of assessee.
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