2015 (5) TMI 1058 - AT - Income Tax

Grant of partial stay of recovery of demand - Held that - As the assessee submitted that the assessee has already paid ₹ 2 lakhs each for all the five assessment years under consideration and whereas the assessee is also willing to pay a further sum of ₹ 2 lakhs each for all the years within a period of two months. In the circumstances, we grant stay of the outstanding demands for all the assessment years under consideration for a period of six months or till the disposal of the appeals subject to the condition that the assessee shall pay ₹ 2 lakhs each (totalling ₹ 10 lakhs) for all the assessment years under consideration on or before 13th June, 2015.

Summary

Issues:
Stay of recovery of outstanding demands for assessment years 2006-07 to 2009-10 & 2011-12.

Analysis:

1. Stay of Recovery of Demands:
The assessee sought a stay of recovery of outstanding demands for various assessment years. The Tribunal considered the submissions and found it appropriate to grant a partial stay of recovery of demand. The demands for the assessment years ranged from &8377; 62,20,678 to &8377; 84,20,270. The counsel for the assessee informed that the assessee had already paid &8377; 2 lakhs for each of the five assessment years and was willing to pay an additional &8377; 2 lakhs for each year within two months. Consequently, the Tribunal granted a stay of the outstanding demands for all the assessment years subject to the condition that the assessee would pay a total of &8377; 10 lakhs for all the years before a specified date. The stay was allowed for a period of six months or until the disposal of the appeals.

2. Decision and Conditions:
The Tribunal, comprising of members B. R. Baskaran and V. Durga Rao, pronounced the order on 13th May 2015. The decision to grant the stay of recovery was based on the assessee's partial payment and willingness to pay the remaining amount within a specified timeframe. The Tribunal imposed the condition that the assessee must pay &8377; 2 lakhs for each assessment year, totaling &8377; 10 lakhs, by 13th June 2015. This condition was crucial for the grant of the stay, ensuring that the assessee fulfilled the payment obligations as per the Tribunal's directions.

3. Outcome:
The Tribunal's order allowed the stay application in the specified terms, providing relief to the assessee in terms of the recovery of outstanding demands for the mentioned assessment years. By setting the conditions for payment within a stipulated period, the Tribunal balanced the interests of the assessee and the revenue authorities. The decision aimed to ensure compliance with the payment obligations while considering the financial circumstances of the assessee. Overall, the judgment reflected a balanced approach in granting the stay of recovery while upholding the principles of justice and equity.

Thus, the Tribunal's detailed analysis and decision in this case exemplified a judicious consideration of the facts and circumstances, leading to the grant of a partial stay of recovery of outstanding demands for the specified assessment years.