Follow up of stay orders in direct tax laws. - Income Tax - 1778/CBDT

INSTRUCTION NO. 1778/CBDT Dated: November 4, 1987 Commissioners Conference, 1987 the problem of orders of stay passed by a Court in respect of proceedings under Direct Taxes Laws. The Conference recommended that caveat should be filed before the Appellate Court to pre-empt ex parte stay order, where it is anticipated that the tax payer is likely to file appeal against a judgment favourable to the Department and seek stay of the judgement. The Conference also recommended that in multi-Commissioners Charges, one IAC (Judicial) and in other charges one ITO (Judicial) should centrally monitor all the stay orders. The Board has accepted the above recommendations of the Conference and desire that one IAC (Judicial) in multi-Commissioners Charges and one ITO (Judicial) in other Charges should be made responsible for stay orders. The officers who receive the stay orders shall immediately contact IAC/ITO (Judicial) for further follow up action. The Board also desire that caveat should immediately be filed in case of anticipated appeals and stay applications against favourable judgment. These instructions may be brought to the notice of all concerned in your Charges.