Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 1037 - HC - Income TaxStay of recoveries - As the assessee has filed appeal before CIT(A) and 20% of the tax demand is not paid on additions made hence this application is here by rejected - attachment orders - HELD THAT:- This order is non-speaking, merely making reference to nonpayment of 20% of the tax demand by the assessee. Also to consider the impact of the Circulars on the powers of the Assessing Officer/Authorities under the Act to grant a stay, in the case of Mrs.Kannammal V. Income Tax Officer [2019 (3) TMI 1 - MADRAS HIGH COURT] as held that Assessing Officer ought to have taken note of the conditions precedent for the grant of stay as well as the Circulars issued by the CBDT and passed a speaking order. Of course the petition seeking stay filed by the petitioner is itself cryptic. The impugned order which is unacceptable on all counts, is quashed in limine. Pursuant to rejection of stay application on 12.12.2019, the Assessing Officer has issued notices under Section 226(3) of the Income Tax Act to the Axis Bank, Anna Salai branch and the State Bank of India, Leather and International Branch, Kilpauk. Consequent upon my quashing of the order dated 12.02.2019, the aforesaid notices also stand quashed and the bank attachments stand lifted forthwith.
|