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2019 (6) TMI 442 - HC - Income TaxStay of demand - already recovered approximately 38% of disputed tax amount - recoveries would not cause undue financial hardship to the petitioner - HELD THAT:- Pending appeal the Department has recovered approximately 38% of disputed tax amount. Secondly, the appeals are pending since over 2 years by now and lastly, this Court has more than one year back passed interim order preventing the Department from carrying out further recoveries pending appeals. Departmental circulars also envisage stay pending appeal before the Commissioner (Appeals), ordinarily upon deposit of 20% of the disputed tax. This requirement has also been fulfilled in the present case. No special circumstances are pointed out to us to permit the Department to carry out full recoveries. We further record, as stated by the counsel for the revenue that some of the appeals are already decided by the Commissioner (Appeals) and also by the Income Tax Appellate Tribunal, which are in favour of the petitioner-assessee. That being the position, pending disposal of remaining appeals, we would not permit the Department to carry out any further recoveries.
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