2024 (5) TMI 354 - SCH - Income Tax

Prayer for stay against demand - second round of petition - order of demand has been stayed subject to depositing 10% of the demand - In the second round of writ petition, petitioner now submits that the authorities have again committed patent illegality and perversity and acted with arbitrariness in deciding the petitioner s application. As decided by HC 2024 (2) TMI 1376 - RAJASTHAN HIGH COURT the authority having jurisdiction, has passed a brief order, keeping in view that it is only deciding the stay application and not the merits of the case. The argument of petitioner that various figures and details which were given by him have not received consideration, does not merit acceptance - We find that the authority has not restricted the relief of 20% but has granted stay subject to deposit of only 10% of the demand. The demand is based on order of assessment. The matter is in appeal. It is a tax matter and a party cannot, as a right, claim that merely because he files an appeal, the demand should be stayed. HELD THAT - We are not inclined to interfere with the impugned judgment, and hence, the special leave petition is dismissed. We, however, clarify that we have not commented on whether or not a reference should have been made to the High-Pitched Scrutiny Assessment Committee. Pending application(s), if any, shall stand disposed of.

Summary

The Supreme Court dismissed the special leave petition and clarified no comment on the reference to the High-Pitched Scrutiny Assessment Committee. Pending applications shall stand disposed of.