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Income Tax - Highlights / Catch Notes

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Stay of demand - The High Court acknowledged that the grant of ...


Stay Application Remanded: Court Emphasizes Need for Proper Assessment of Prima Facie Case and Resource Claims.

May 1, 2024

Case Laws     Income Tax     HC

Stay of demand - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.

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