2015 (1) TMI 15

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..... the CIT(A) – CIT(A) while passing the order has clearly ignored the decision and the parameters laid down while disposing of the stay applications – thus, the order is set aside and stay granted till the disposal of appeal – Decided in favour of assessee. - WRIT PETITION (L) NO. 3295 OF 2014 - - - Dated:- 23-12-2014 - M.S.SANKLECHA, M.S.SONAK, JJ. For the Appellant : Mr. Salil Kapoor a/w. Mr. Vikas Jain, Mr. Jitendra Singh, Mr. Satyendra Pandye, Ms Neha Paranjpe For the Respondent : Mr Suresh Kumar JUDGEMENT 1] This petition is filed under Article 226 of the Constitution of India assails the order dated 8 December 2014 passed by the Commissioner of Income Tax. The impugned order dated 8 December 2014 refuses to gra .....

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..... was raised before the Assessing Officer and the same was not accepted. The petitioner had, in the application for stay filed before the Commissioner of Income Tax, requested for a stay on the basis that the amount of ₹ 40 Crores is a capital receipt and not chargeable to tax. However, no mention of the above contention is found in the impugned order, leave alone consideration of the same. Further fact, which Mr. Salil Kapoor draws our attention to, is that the order dated 24 March 2014 in respect of Assessment Year 2008-09 of which stay is sought has been passed in reopening proceedings. This very amount of ₹ 40 Crores was accepted as a capital receipt during the original assessment proceedings. Further it is submitted that the .....

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..... the amount if the authority wants the assessee to so deposit. (d) The authority concerned will also examine whether the time to prefer an appeal has expired. Generally, coercive measures may not be adopted during the period provided by the statute to go in appeal. However, if the authority concerned comes to the conclusion that the assessee is likely to defeat the demand, it may take recourse to coercive action for which brief reasons may be indicated in the order. (e) We clarify that if the authority concerned complies with the above parameters while passing orders on the stay application, then the authorities on the administrative side of the Department like respondent No.2 herein need not once again give reasoned order. .....

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