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2021 (7) TMI 521 - HC - Income TaxStay of recovery of tax for a further period of 90 days or until disposal of the appeal whichever is earlier - HELD THAT - Having regard to the submission made by the learned senior standing counsel appearing for the appellant-Revenue since the Tribunal had already disposed of the main appeal 2016 (5) TMI 1249 - ITAT CHENNAI the appeal filed as against the interim order passed in the said appeal has become redundant. Accordingly the Tax Case Appeal is dismissed as infructuous.
Issues:
Challenge to order passed by Income Tax Appellate Tribunal on stay of recovery of tax. Analysis: The High Court of Madras dealt with an appeal challenging an order passed by the Income Tax Appellate Tribunal regarding the stay of recovery of tax. The appeal was admitted based on substantial questions of law raised by the Revenue. The questions revolved around whether the Tribunal was correct in granting a stay of recovery of tax for a further period of 90 days or until the disposal of the appeal, which was argued to be contrary to the statutory provisions of Section 254(2A) of the Income Tax Act. The Tribunal's decision to grant the stay was questioned for being against the intention of the legislature. During the hearing, the senior standing counsel for the appellant-Revenue pointed out that the main appeal, against which the interim order was passed, had already been disposed of by the Income Tax Appellate Tribunal. Consequently, the appeal challenging the interim order had become redundant. Considering this submission, the High Court dismissed the Tax Case Appeal as infructuous. However, it was clarified that the questions of law raised in the appeal would be left open to be decided in an appropriate appeal in the future. No costs were awarded in this matter. In conclusion, the High Court's judgment resolved the issue by dismissing the appeal as infructuous due to the disposal of the main appeal by the Income Tax Appellate Tribunal. The questions of law raised by the Revenue were left open for consideration in a suitable future appeal.
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