Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 326 - HC - Income TaxStay of demand - Non applicability of the first proviso to Section 201(1) - Held that:- As Revenue submitted that the appellant has now furnished a certificate dated 11.06.2015 contemplated under the first proviso to Section 201(1) of the Act in our opinion, the impugned order of the learned Single Judge as well as the order passed by First Appellate Authority rejecting the appellant’s application filed for interim stay are liable to be set aside and the matter requires to be reconsidered by the Appellate Authority, namely the Commissioner of Income Tax (Appeals), in accordance with law. Ordered accordingly. The Appellate Authority shall inter alia consider as to whether the first proviso to Section 201(1) of the Act is applicable to the facts of the case or not. All contentions of both the parties are kept open. The appeals stand disposed of in the above terms.
|