2020 (1) TMI 623 - HC - Income Tax

Stay petition - HELD THAT - As petitioner has already deposited a sum of ₹ 2.96 crores, it is appropriate to direct the petitioner to pay a sum of ₹ 1 Crore in three monthly installments before 31st March 2020. On such payment, the order passed by the Assistant Commissioner of Income Tax stands stayed till the disposal of the appeal. Further, the Income Tax Appellate Tribunal is directed to expedite the hearings.

Summary

Issues:
Challenge to dismissal of stay petition in tax case appeal before Tribunal.

Analysis:
The petitioner company bought a property for a certain amount, but a raid conducted by the third respondent revealed a different amount mentioned on a piece of paper. Subsequently, the Department considered the sale consideration to be the higher amount mentioned during the raid. The third respondent added an amount as "unexplained income" and imposed a tax demand. The petitioner appealed to the Commissioner of Income Tax (Appeals), which was rejected, leading to an appeal before the Income Tax Appellate Tribunal along with a stay petition.

The Income Tax Appellate Tribunal dismissed the stay petition citing the lack of a prima facie case, resulting in the filing of the present petition. After hearing both parties, the court considered the amount already deposited by the petitioner and directed them to pay a specific sum in installments by a certain date. Upon payment, the order by the Assistant Commissioner of Income Tax was stayed until the appeal's disposal, with a directive for the Tribunal to expedite the hearings.

In conclusion, the Writ petition challenging the dismissal of the stay petition was disposed of without any costs, and connected miscellaneous petitions were closed as a result of the judgment delivered by the High Court of Madras.