2006 (8) TMI 249 - AT - Income Tax

Summary

Issues:
Violation of conditions of conditional stay order by the assessee leading to a petition for vacation of stay by the revenue.

Analysis:
The case involved a Miscellaneous Petition by the revenue seeking the vacation of a conditional stay granted by the Tribunal due to the assessee's failure to comply with the imposed conditions. The Tribunal had directed the assessee to pay Rs. 10 lakhs in instalments and offer security for the balance demand. The revenue argued that the assessee only paid two instalments and did not offer any security as directed. Additionally, the assessee sought adjournments contrary to the Tribunal's instructions, causing delays. The revenue contended that the conditional stay should be vacated, and the assessee should pay the due amount to the Department.

The assessee, in response, explained difficulties faced in obtaining loans or providing security due to property attachment under section 281B of the Act. The assessee expressed inability to comply with the Tribunal's order due to these constraints and sought adjournments to gather necessary documents. The assessee tendered an unconditional apology for non-compliance, attributing it to circumstances beyond control.

The revenue argued that the assessee should have approached the Tribunal for modification of the stay order if facing genuine difficulties, rather than circumventing the conditions. The Tribunal appreciated the revenue's alertness in highlighting the violations by the assessee. Despite the assessee's attempt to justify non-compliance in an affidavit, the revenue's question regarding the failure to seek modification of the order remained unanswered.

Ultimately, the Tribunal allowed the revenue's petition for vacating the stay, emphasizing the importance of parties obeying Tribunal orders. The Tribunal awarded costs to the revenue, considering the lack of response from the assessee regarding seeking modification of the stay order earlier. The assessee was directed to pay a nominal sum as costs, signaling the importance of compliance with Tribunal orders.

In conclusion, the Tribunal granted the revenue's Miscellaneous Petition, highlighting the significance of adhering to Tribunal orders and imposing costs on the assessee for non-compliance.