2003 (3) TMI 20 - HC - Income Tax

Stay - recovery proceedings petitioner contends that in respect of an earlier year of assessment, this court had granted an interim stay. Thus, the stay should have been granted even in the present case - mere fact that an interim relief had been granted in one case does not mean that irrespective of the factual position, the relief has to be granted in other cases as well - additional demand appears to have been raised on the basis of certain deposit which the assessee was unable to explain Thus, interim stay can not be granted on the ground that it was granted in respect of an earlier year of assessment

Summary

The appellant, an income-tax assessee, filed a petition to quash additional demand orders. The court directed disposal of appeals within four months and stayed recovery proceedings upon depositing 30% of arrears. The appellant did not make the deposit and filed an appeal. The court rejected the appeal, stating that the assessing authority provided reasons for the additional demand. The court found no error in the single judge's decision and dismissed the appeal.