1970 (3) TMI 4 - HC - Income Tax

Gift Tax Act, 1958 - petition by department -seeking for the issuance of a writ of certiorari against the Tribunal which by its order granted a stay of the collection of the gift-tax payable by the first respondent pursuant to the orders of the assessing authority, pending disposal of the appeal - held that Tribunal had no jurisdiction to grant such stay during the pendency of the appeal before it - no question of wrongful exercise of jurisdiction, therefore, arises

Summary

The High Court of Madras dismissed a writ petition seeking a writ of certiorari against the Income-tax Appellate Tribunal for granting a stay of gift-tax collection pending appeal. The court held that the Tribunal had the implied power to grant stay during appeal proceedings, similar to powers under the Income-tax Act. The petition was dismissed, and no costs were awarded.