9911796707
TMI Blog2022 (3) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner with further rider that, the petitioner is ready and willing to make some payment, that is some percentage of demand which may be indicated or stipulated by this Court as a condition precedent for the consideration of grant of stay of the demand, for the time being, enabling the petitioner assessee to approach the appropriate forum namely, ITAT, CIT (Appeals) and Assessing Authority, as the case may be seeking for a stay of the demand in respect of the concerned Assessment Year. In normal course, if an appeal is filed, which is pending, it is open to the assessee to make an application for stay, even before the Assessing Authority, as there is no condition precedent as a prior deposit for entertaining the appeal before the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder of stay for a period of two months, within which, the petitioner shall approach either the ITAT or the CIT (Appeals) or the Assessing Authority as the case may be in respect of AY 2015-16 to 2017-18. (iii) Insofar as AY 2012-13 is concerned, such a course of action can be adopted by the petitioner assessee against the order passed by the ITAT in his earlier application for stay by filing appropriate appeal before the forum concerned, in accordance with law. (iv) In view of the stay granted, after making the payment, as indicated above, the attachment made in respect of the Bank Accounts can be lifted by the respondent Revenue. (v) It is made clear that, if the petitioner assessee has not complied with the payment schedule as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016-17, 2017- 18, assessment orders have been passed against the petitioner assessee. Insofar as the Assessment Years 2012-13, 2015-16 and 2016-17 are concerned, though Appeal filed before the Commissioner of Income Tax (Appeals) [in short CIT (Appeals) ], the order have been confirmed, as against which, the petitioner assessee filed further appeal before the ITAT, where those appeals are still pending. 3. Insofar as the Assessment Year 2017-18 is concerned, as against the assessment order, appeal was filed before the CIT (Appeals), which is pending before the said authority. 4. In the meanwhile, several Bank accounts of the petitioner had been attached, by which, according to the petitioner, the entire business and other activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before this Court, where also the same interim arrangement can be made till the petitioner approaches this Court by filing the Tax Case Appeal. 9. In response to the said submissions made by the learned counsel appearing for the petitioner, Mrs.Hema Murali Krishnan, learned Senior Panel Counsel appearing for the respondent would submit that, in respect of the AY 2012-13 is concerned, the very stay petition filed by the petitioner, having been considered and dismissed by the ITAT, against which, so far no appeal was filed. Like that, in respect of AY 2015-16 and 2016-17 also, though appeal has been filed before ITAT, where admittedly, so far no stay petition had been filed by the petitioner assessee. 10. She would also submit that, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of the petitioner with further rider that, the petitioner is ready and willing to make some payment, that is some percentage of demand which may be indicated or stipulated by this Court as a condition precedent for the consideration of grant of stay of the demand, for the time being, enabling the petitioner assessee to approach the appropriate forum namely, ITAT, CIT (Appeals) and Assessing Authority, as the case may be seeking for a stay of the demand in respect of the concerned Assessment Year. 15. In normal course, if an appeal is filed, which is pending, it is open to the assessee to make an application for stay, even before the Assessing Authority, as there is no condition precedent as a prior deposit for entertaining the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) That the petitioner shall make payment of 20% of the demand in respect of AY 2015-16, 2016-17 and 2017-18 and 30% of the demand for AY 2012-13, within a period of four weeks from today. (ii) On such condition, there shall be an order of stay for a period of two months, within which, the petitioner shall approach either the ITAT or the CIT (Appeals) or the Assessing Authority as the case may be in respect of AY 2015-16 to 2017-18. (iii) Insofar as AY 2012-13 is concerned, such a course of action can be adopted by the petitioner assessee against the order passed by the ITAT in his earlier application for stay by filing appropriate appeal before the forum concerned, in accordance with law. (iv) In view of the stay granted, after m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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