2014 (8) TMI 347 - HC - Income Tax

Rejection of stay application Application already pending - Held that - The assessee has not fulfilled the relevant condition stipulated by C.B.D.T and observing that the Board has eloborately narrated the circumstances/ conditions required to be satisfied by the assessee - Since the petitioner has filed an appeal and stay petition is pending as on date before the appellate authority, a conditional order of stay is granted till the disposal of the appeal before the respondent the petitioner is directed to deposit a sum of Rupees seventy five lakhs Partial stay granted.

Summary

Issues:
Challenge to rejection of stay petition by Assessing Officer pending appeal against assessment order.

Analysis:
The petitioner, acting as a Trustee, contested the decision of the Assessing Officer rejecting the stay petition pending the appeal against the Assessment order. The total demand on the petitioner was Rs. 2,16,44,400. The petitioner sought a stay of the demand until the appeal was resolved. The Assessing Officer rejected the stay petition, citing non-fulfillment of conditions stipulated by the Central Board of Direct Taxes (CBDT). However, the Court noted that while CBDT instructions guide the decision-making process, they do not restrict the discretion of the Assessing Officer or appellate authority. The authority must consider the facts presented by the assessee/appellant to determine if a prima facie case exists and if the balance of convenience favors the petitioner. The Court found that the Assessing Officer's decision lacked proper application of mind and interfered with the impugned order.

The petitioner had filed a statutory appeal against the assessment order and a stay petition was pending before the appellate authority. The petitioner claimed to be engaged in charitable activities, running a school for special children, and argued that the Trust's objectives qualified for registration under Section 12 AA of the Income Tax Act. The Court acknowledged that these issues should be addressed before the appellate authority. Considering the pending appeal and stay petition, the Court granted a conditional stay order, directing the petitioner to deposit Rs. 75,00,000 within eight weeks. Upon such deposit, the remaining demand would stay until the appeal's resolution.

The Court emphasized that the petitioner could present all arguments before the appellate authority, which would evaluate them on merit and in accordance with the law. The revenue's counsel requested a direction for expeditious appeal disposal. The Court directed the appellate authority to decide on the appeal within three months, urging the assessee to cooperate for a prompt resolution. With these directives, the writ petition was disposed of without costs, and related miscellaneous petitions were closed.