Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 1914 - HC - Income TaxStay of recovery of disputed demand - AO has rejected the applications for stay simply stating that the request of the balance demand cannot be accepted at present and the said applications have been rejected without assigning any reason - HELD THAT:- AO has not adopted the correct procedure in deciding the stay applications of the petitioners and has not followed the guidelines as stated by Bombay High Court in KEC International Ltd [2001 (3) TMI 32 - BOMBAY HIGH COURT] and in UTI Mutual Fund [2012 (3) TMI 333 - BOMBAY HIGH COURT] and also the decision rendered by this Court in M/s Aarti Sponge & Power Ltd. [2018 (4) TMI 1284 - CHHATTISGARH HIGH COURT] In view of aforesaid discussion, the impugned orders are hereby set aside and the matter is remitted to the Assigning Officer to consider the stay applications afresh in light of the guidelines as stated by the Bombay High Court and followed by this Court in M/s Aarti Sponge & Power Ltd. [2018 (4) TMI 1284 - CHHATTISGARH HIGH COURT] and pass a reasoned and speaking order within two weeks from the date of receipt of certified copy of this order. Also, till the decision of the stay applications, no coercive steps shall be taken against the petitioners.
|