2007 (4) TMI 285 - AT - Income Tax

Tribunal Grants Stay, Orders Prompt Document Filing for Tax Appeal Hearing

Skol Breweries Limited. Versus Assistant Commissioner Of Income-tax, Circle 8 (3), Mumbai.

The Tribunal granted an absolute stay for 180 days or until the appeal's disposal, directing both parties to promptly file documents to avoid delays. The ... Appellate Tribunal Issues:Stay petition for outstanding tax demand for assessment year 2003-04, Interim stay granted, Recovery of money by revenue authorities, Violation of interim order, Refund of amount, Absolute stay granted for 180 days, Directions for further proceedings.Analysis:The assessee filed a stay petition for outstanding tax demand for the assessment year 2003-04. An emergency petition was filed due to the department attaching bank accounts. The Tribunal granted interim stay, preventing coercive measures for recovery until the stay petition was heard. However, despite the interim stay, the revenue authorities recovered a significant amount voluntarily. The Tribunal found the revenue had exceeded its jurisdiction and ordered an absolute stay, summoning the Assessing Officer for a hearing.On the subsequent hearing, the revenue authorities explained the voluntary recovery without force and expressed willingness to refund the amount promptly. The Additional CIT emphasized respect for the Tribunal's orders and highlighted previous rulings favoring the revenue on the disputed issue. The assessee submitted an affidavit detailing the circumstances of the payment. The matter was adjourned to consider the refund, as the recovery seemed to violate the interim order.In the following hearing, the revenue authorities presented a cheque to refund the amount, expressing no intention to violate Tribunal orders and emphasizing the recovery was done in good faith to clear outstanding arrears. The assessee expressed readiness to proceed and cooperate for the appeal's early disposal. Consequently, the Tribunal granted an absolute stay for 180 days or until the appeal's disposal. Both parties were directed to file their documents promptly to avoid unnecessary adjournments. The department was permitted to retain any due refund and appropriate it towards outstanding arrears. The appeal was scheduled for a hearing on a specified date.In conclusion, the stay application was allowed, and the order was pronounced in open court, ensuring fair treatment and procedural adherence in the handling of the outstanding tax demand issue for the specified assessment year.