TMI Blog2013 (7) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... is decided. Appellate Commissioner would have the power to grant stay pending appeals - ITAT would have inherent powers to grant stay pending appeal and also relied on section 220(6) of the Income Tax Act, which authorises the Assessing Officer where the appeal is pending on his discretion and subject to such conditions as he may think fit to treat the assessee as not being in default in respect of the amount in dispute in the appeal – petition decided in the favour of the assesse. - SPECIAL CIVIL APPLICATION NO. 3193 of 2013 - - - Dated:- 16-4-2013 - For the Appellant : Manish J. Shah. For the Respondent : K.M. Parikh. ORDER:- PER : Akil Kureshi The petitioner Uttar Gujarat Vij Company Ltd. has filed this petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as quashed and recovery was suspended till the appeal is decided. In the said decision, the Court had referred to earlier decision in case of KEC International Ltd. v. Balakrishnan reported in (2001) 251 ITR 158 (Bom.), in which the Bench had laid down following guidelines for recovery pending the appeal: "(a) While considering the stay application, the authority concerned will at least briefly set out the case of the assessee. (b) In cases where the assessed income under the impugned order far exceeds returned income, the authority will consider whether the assessee has made out a case for unconditional stay. If not, whether looking to the questions involved in appeal, a part of the amount should be ordered to be deposited fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Maheshwari Agro Industries v. Union of India and others reported in (2012) 346 ITR 375(Raj.), Rajasthan High Court has taken a view that the Appellate Commissioner would have the power to grant stay pending appeals. Court had referred to and relied upon the decision of the Supreme Court in case of ITO v. Mohammed Kunhi [1969] 71 ITR 815 holding that the Income Tax Appellate Tribunal would have inherent powers to grant stay pending appeal and also relied on section 220(6) of the Income Tax Act, which authorises the Assessing Officer where the appeal is pending on his discretion and subject to such conditions as he may think fit to treat the assessee as not being in default in respect of the amount in dispute in the appeal. 6. Under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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