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| The Tax Publishers2020 TaxPub(DT) 2268 (Ker-HC) INCOME TAX ACT, 1961
Section 220
Considering that amounts demanded by revenue, if was carried out, appeal filed by assessee would be more in nature of academic pursuit of objections, thus, stay granted earlier by Court was extended till disposal of assessee's appeal.
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Recovery - Stay of demand - Extension of stay granted till disposal of appeal -
Assessee was a co-operative bank. It filed appeal and also stay petition aggrieved by order of assessment. Apprehending coercive steps, it approached Court for direction to dispose of stay petition expeditiously. Court while disposing stay petition, observed that 20% of demand was already paid, therefore, granted stay for balance 80% of disputed demand up to stipulated date. Revenue called upon assessee to pay balance of 80% tax under challenge in appeal as appeal was not heard till said date. Held: Court opined that amounts demanded by revenue, if was carried out, appeal filed by assessee would be more in nature of academic pursuit of objections. Therefore, to meet ends of justice, writ petition stands disposed of by directing appeal to be disposed of as expeditiously as possible, and holding that stay granted earlier stood extended till appeal was disposed of and order communicated to assessee.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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