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Income Tax - Highlights / Catch Notes

Home Highlights April 2016 Year 2016 This

Stay application - looking at the manner in which the petitioner ...

Income Tax

April 4, 2016

Stay application - looking at the manner in which the petitioner has been dealt with by the AO in regard to its stay application, it would be in the interest of justice that the application for stay filed by the petitioner be heard by another Officer different from the Assessing Officer - HC

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  1. Stay application - non deposit of service tax as collected from the clients / customers - having regard to financial hardship, stay granted partly - AT

  2. Dismissal of appeal for non compliance of stay order - The stay applications of individual appellants, having regard to their peculiar circumstances, should be...

  3. Reassessment - first few paragraphs of the assessment order dealt with objections and disposed of accordingly - Unfortunately, the manner in which the AO has decided the...

  4. Principles of Natural justice - appeal by Revenue - The manner in which this appeal has been filed appears to be very mechanical without application of mind to the case...

  5. Issuance of Garnishee notices during the pendency of the stay application - AO empowerment to grant stay provided 20% of the disputed demand paid

  6. Delay in filing of stay application - There is no time limit prescribed for filing of stay application - where the appeal is filed in time, stay application should be...

  7. Bogus purchases - Disallowance of expenditure regarding sundry creditors - AO was adding amounts on the basis of then un-reconciled differences which is violation of the...

  8. Stay of recovery of dues, pending the appeal - When substantial rights of parties are involved, it is not open to the 1st respondent to (i) mention wrong facts while...

  9. Stay of demand - directed to deposit 20% of demand as precondition for grant of stay - The authority has to deal with the contentions raised by the parties so as to...

  10. Stay of demand - exercise of discretion - when section 220(6) confers discretion upon AO while considering an application, it has to be exercised in a reasonable and...

 

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