1992 (12) TMI 87 - AT - Income Tax

Tribunal Upholds Assessee's Rights, Orders Monthly Payments

SECURITY & DETECTIVE BUREAU LTD. Versus ASSISTANT COMMISSIONER OF INCOME TAX.

The Tribunal granted the assessee's petition, emphasizing the need for fair treatment, adherence to legal principles, and the Tribunal's jurisdiction in ... - Issues:1. Stay of recovery of disputed tax application rejected without reason by CIT2. Bank accounts attachment not lifted despite Tribunal's order3. Legitimate expectation doctrine violation by CIT's arbitrary decision4. Jurisdiction of Tribunal to consider stay application5. Failure of administrative machinery to verify assessee's claim6. Prima facie case in appeal, impact of bank account attachment on businessAnalysis:1. The Tribunal noted the assessee's application for stay of recovery of disputed tax was rejected without reason by the CIT. The Tribunal emphasized the importance of exhausting administrative remedies before approaching the Tribunal for stay to allow the Revenue to gather necessary data. The Tribunal directed the assessee to approach the CIT again for a proper consideration of the stay application, citing the need for a speaking order as per legal precedents.2. Despite the Tribunal's order that the assessee not be treated as a defaulter until the CIT's decision, the bank accounts remained attached. The assessee sought modification to operate the accounts, highlighting the CIT's subsequent order refusing stay without a speaking order. This discrepancy raised concerns about the CIT's actions and compliance with legal principles.3. The Tribunal invoked the doctrine of legitimate expectation, citing the Supreme Court's stance on fair treatment by public authorities. The Tribunal found the CIT's order arbitrary and an abuse of power, emphasizing the need for fairness in decision-making processes. The Tribunal criticized the CIT's requirement for assessees to approach him first when applications were not properly considered, asserting the rule of law must prevail.4. Referring to the Supreme Court's ruling on the Tribunal's jurisdiction to consider stay applications, the Tribunal asserted its duty to review administrative actions in this domain. The Tribunal deemed the CIT's order flawed for not following natural justice principles and willfully neglecting duties, leading to a failure in verifying the assessee's claim on tax payment constraints.5. Recognizing the assessee's prima facie case and the impact of bank account attachment on business operations, the Tribunal granted interim stay of tax recovery. The Tribunal directed the assessee to pay a specified amount monthly and ordered the revocation of bank account attachment. Additionally, the AO was instructed to issue a notice for property protection, and the appeal was scheduled for a hearing in the following year.6. Ultimately, the Tribunal allowed the petition, highlighting the necessity of fair treatment, adherence to legal principles, and the Tribunal's jurisdiction in considering stay applications to ensure justice and procedural correctness.