2002 (3) TMI 31 - HC - Income Tax

High Court allows petitioner to pay tax dues in installments, grants stay on balance pending appeal

Bongaigaon Refinery And Petrochemicals Ltd. Versus Commissioner Of Income-tax. And Others.

The High Court of GAUHATI ruled in favor of a petitioner-company facing assessment and demands for various years. The court allowed the petitioner to pay ... - Issues:1. Assessment and demand for the petitioner-company for various assessment years.2. Rejection of appeals by the Commissioner of Income-tax (Appeals).3. Communication of appellate orders to the petitioner.4. Petition for financial hardship and proposed payment plan by the petitioner.5. Orders of the Assistant Commissioner of Income-tax allowing installment payments.6. Writ petitions challenging the order of the Assistant Commissioner of Income-tax.7. Arguments regarding stay of demand by the petitioner's counsel.8. Opposition to stay of demand by the standing counsel for the Income-tax Department.9. Judgment on the stay of demand and appeal filing timeline.Analysis:The judgment by the High Court of GAUHATI addresses multiple issues concerning the assessment and demands faced by a petitioner-company for different assessment years. The petitioner-company had appeals rejected by the Commissioner of Income-tax (Appeals) for the years 1994-95, 1996-97, and 1998-99. The communication of these appellate orders to the petitioner was delayed, causing financial uncertainty. The petitioner, facing severe financial distress, submitted a petition proposing a payment plan due to its bad financial position, offering to pay a reduced sum against the demands until the appeal process is completed.The Assistant Commissioner of Income-tax allowed the petitioner to pay a partial amount upfront and the balance in monthly installments, subject to interest. The petitioner, unable to comply with the installment plan due to financial predicaments, sought a stay on the demand until the appeal process is concluded. The petitioner's counsel argued for the stay citing provisions of the Income-tax Act allowing for appeal and application for stay of demand.On the other hand, the standing counsel for the Income-tax Department opposed the stay, insisting on compliance with the installment plan. The judgment, delivered by Judge A. K. PATNAIK, acknowledged the petitioner's right to appeal and apply for a stay of demand. It directed that the recovery of the balance amount should be stayed until the Appellate Tribunal considers the application for stay of demand filed by the petitioner along with the appeal. The judgment specified a timeline for filing the appeal and application for stay, ensuring protection for the petitioner during the appeal process.In conclusion, the High Court's judgment provided clarity on the petitioner's rights to appeal and seek a stay of demand, offering relief from immediate financial burden until the appeal process is completed. The judgment balanced the interests of the petitioner and the tax authorities, ensuring a fair process for resolution of the tax disputes.