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2022 (10) TMI 153 - AT - Income TaxStay of demand - recovery of outstanding demand - HELD THAT:- Assessee will be put to great hardship if we do not grant a stay. The refund due to the assessee for the earlier years is adjusted against the outstanding demand for the relevant assessment years, which are subject matter of appeal before the Tribunal, that would also amount to recovery of outstanding demand as held in the case of Maruti Suzuki Ltd. [2011 (11) TMI 312 - DELHI HIGH COURT]. Therefore, the outstanding demand arising out of issues already decided in favour of the assessee by the Tribunal in the earlier assessment years cannot be recovered, we deem it fit to grant stay of recovery of outstanding demand for a period of 180 days or the final disposal of the appeals, whichever is earlier. Since the issues raised in these appeals are covered by the earlier order of the Tribunal for assessment years 2012-2013 to 2014-2015, we post these appeals for hearing to 21st September, 2022. Since the date of hearing is pronounced in the open Court, both the parties have waived the right to separate notice of hearing. Stay applications filed by the assessee are allowed.
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