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2019 (8) TMI 457 - HC - Income TaxRejection of modification of order granting conditional stay u/s 254 - assessee claims to have paid the entire demand of tax, the interest amount still remains unpaid for which request of stay was made - HELD THAT:- The powers, which have been conferred on the Tribunal u/s 254 should be interpreted in the widest possible amplitude and it has to be held that by necessary implication, all powers and duties incidental and necessary to make the exercise of those powers fully effective, are conferred on the Tribunal. Therefore, we do not agree with the finding of the Tribunal that it has no jurisdiction to consider the relief sought for by the assessee. As of now, the entire demand of tax namely ₹ 22,305.89 lakhs for all the seven assessment years has been paid. It is true that the demand for interest and the demand for payment of penalty cannot be placed on the same pedestal, as, in several Statutes, payment of interest would be automatic. However, considering the fact that the entire demand of tax has been paid by the assessee post November 2018, we are of the considered view that the balance of demand should remain stayed till the appeals are heard and disposed of by the Tribunal. Considering the fact that the demand of tax and interest is substantial and the fact that the assessee complied with the direction issued by the Tribunal, we are of the view that the balance amount as demanded for the seven assessment years shall remain stayed. For the above reasons, we are also of the view that the common order passed by the Tribunal calls for interference. In the result, the above tax case appeals are allowed, the common order passed by the Tribunal is set aside and there will be an order of stay of the remaining amount as demanded from the assessee in respect of all the seven assessment years. The substantial questions of law are answered in favour of the assessee
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