2009 (4) TMI 59 - HC - Income Tax

Coercive proceedings for recovery of the disputed tax, during pendency of the stay petition - dispute regarding assessment of income tax (of assessee- Charitable Trust) under Section 158 BC for the block period held that , it is unjust to recover the disputed tax coercively from the petitioner before at least the stay petition is considered by the Appellate Authority

Summary

The petitioner, a Charitable Trust, faces income tax assessment under Section 158 BC for discrepancies in accounts despite exemption under Section 12A. Petitioner filed appeal and stay petition against assessment. High Court directed the Appellate Authority to decide on the stay petition within one month and to halt coercive tax recovery until then.