2019 (7) TMI 229 - HC - Income Tax

Stay of demand - direction to pay 20% demand - disposal of appeal by CIT(A) - vide interim order court has extended the time limit of deposit by one month - HELD THAT - This Court as an exceptional case directs the 1st respondent to dispose of the appeals within three months from the date of receipt of copy of this judgment. The petitioners, if complies with the condition of depositing 10% within four weeks from today, the petitioners are entitled to the stay of the assessment orders under challenge in the subject appeals till its disposal thereof. The petitioners, if fail, to comply with the condition now stipulated by this court, it is made clear that the petitioners are not entitled for the benefit of the stay orders. The authorities can proceed to recover the amount in accordance with law.

Summary

Issues:
Challenging Ext.P6 order imposing conditions for granting stay of assessment orders, compliance with conditions, expeditious disposal of appeals, entitlement to stay orders.

Analysis:

The writ petitions were filed challenging the Ext.P6 order passed by the 1st respondent, which imposed conditions for granting stay of assessment orders under challenge in the appeals. The conditions required the appellant to pay 10% of the demand by a specified date and produce the challan to the Assessing Officer. The balance demand was stayed for a limited period or until the disposal of the appeal, whichever is earlier. The petitioners raised several grounds against the discretion exercised by the 1st respondent in imposing these conditions.

The Court noted that a condition imposed in a previous order was not complied with. The Court declined to interfere with the conditions imposed in Ext.P6 order, considering a CBDT circular which stipulated that 20% of disputed tax could be imposed as a condition for granting the stay. Consequently, the challenge against the conditions failed.

During the proceedings, the counsel for the petitioners requested expeditious disposal of the appeals pending before the 1st respondent for a specific assessment year. The standing counsel for the respondents opposed this request, arguing that the petitioners cannot avoid paying tax while insisting on expeditious disposal of appeals. In an exceptional decision, the Court directed the 1st respondent to dispose of the appeals within three months from the date of receipt of the judgment.

The Court further clarified that if the petitioners comply with the condition of depositing 10% within a specified period, they are entitled to the stay of the assessment orders under challenge until the disposal of the appeals. However, failure to comply with this condition would result in the petitioners losing the benefit of the stay orders, allowing the authorities to proceed with recovery in accordance with the law. It was emphasized that this order should not be considered as a precedent.