2025 (4) TMI 50 - HC - Income Tax

Tax Demand Notices Conditionally Stayed: Court Orders 50% Payment and Bank Guarantee for Remainder

The HC partially granted relief to taxpayers challenging demand notices, ordering a conditional stay. The court held that mere admission of appeals or ... Seeking a stay on the recoveries in terms of demand notices - Entitlement to interim relief - HELD THAT:- As no case is made for granting unconditional relief in these matters. The circumstance that the Appeals are admitted or that on the earlier occasion, the recovery notices were withdrawn cannot be the only considerations for the grant of unconditional interim reliefs. These Applications, besides raising some arguments on the merits of the matter, do not advert any financial hardships or other considerations relevant to the grant of interim reliefs. These were search cases. The Applicants have not bothered to file any documents showing their financial health. Based upon a bald pea that nothing is due to the Revenue or that demands are exaggerated, no case is made out for a grant of any unconditional stay. This is a case where the AO, the CIT Appeals and the ITAT have concurrently held against the Appellant. No strong prima facie case is made out. The balance of convenience also does not favour granting any unconditional stay. By balancing various considerations, we have permitted the applicants to furnish a bank guarantee for 50% of the amount demanded. In the facts of these cases, the request to exempt the applicants from paying even 50% of the demanded amount cannot be accepted. However, we clarify that the amount already paid, if any, by the applicants should be given due credit. By balancing the right of adequate access to justice with the right of the Revenue to recover its demands, we stay the impugned demand notices dated 09 January 2025 subject to the condition that the Applicants pays 50% of the demanded amount to the Respondents and furnishes a bank guarantee of a Nationalized Bank for the balance amount within four weeks of the uploading of this order. Suppose this is not done and necessary intimation is not given to the learned Counsel for the Revenue. In that case, this interim order shall stand vacated without further reference to this Court, and the Respondents would be free to recover the demanded amount in accordance with law. ISSUES PRESENTED and CONSIDEREDThe primary legal issues considered in this judgment are: Whether the applicants are entitled to interim relief in the form of a stay on recoveries as per the demand notices dated 09 January 2025. Whether the applicants have demonstrated sufficient grounds, such as financial hardship or illegality of the demand, to warrant an unconditional stay on the demand notices. Whether the applicants can secure the demanded amount through alternative means such as a bank guarantee or partial payment.ISSUE-WISE DETAILED ANALYSISInterim Relief and Stay on Demand Notices- Relevant Legal Framework and Precedents: The court considered the principles governing the grant of interim relief in fiscal matters, referring to the precedent set in Assistant Collector of Central Excise, Chandannagar West Bengal Vs. Dunlop India Ltd and Others, where it was held that administration cannot run on bank guarantees.- Court's Interpretation and Reasoning: The court noted that the mere admission of appeals or the withdrawal of earlier demand notices does not automatically justify granting unconditional interim relief. The court emphasized the need for applicants to demonstrate financial hardship or provide substantial evidence that the demands are illegal or exaggerated.- Key Evidence and Findings: The applicants failed to present any documentation of their financial health or evidence to substantiate their claims that the demands were illegal or exaggerated. The court observed that the applicants' arguments were primarily based on assertions without supporting evidence.- Application of Law to Facts: The court applied the legal principles to the facts, noting that the applicants did not establish a strong prima facie case or balance of convenience in their favor. The concurrent findings against the applicants by the AO, CIT Appeals, and ITAT further weakened their position.- Treatment of Competing Arguments: The court considered the arguments of the revenue, which opposed the interim relief, emphasizing the norm of full deposit in fiscal matters. The court found merit in the revenue's position that no exceptional circumstances were demonstrated to deviate from this norm.- Conclusions: The court concluded that unconditional interim relief was not warranted. However, it permitted the applicants to furnish a bank guarantee for 50% of the demanded amount, balancing the right to access justice with the revenue's right to recover its demands.Alternative Means of Securing the Demanded Amount- Relevant Legal Framework and Precedents: The court referenced the legal precedent that administration cannot rely solely on bank guarantees, highlighting the importance of actual payment in fiscal matters.- Court's Interpretation and Reasoning: The court allowed the applicants to secure the demanded amount through a combination of partial payment and a bank guarantee. This approach aimed to balance the interests of both parties while ensuring compliance with legal standards.- Key Evidence and Findings: The court found no evidence of prior payments by the applicants that would warrant further concessions. The applicants' willingness to deposit 25% of the demanded amount or secure the entire amount through property deeds was considered but deemed insufficient for full relief.- Application of Law to Facts: The court applied the legal framework to allow a bank guarantee for 50% of the amount, requiring the applicants to pay the remaining 50% directly. This decision was based on the lack of demonstrated hardship and the need for a balanced approach.- Treatment of Competing Arguments: The court considered the revenue's argument against reliance on bank guarantees and found a middle ground by requiring partial payment and a bank guarantee, ensuring the revenue's interests were protected.- Conclusions: The court concluded that a conditional stay was appropriate, subject to the applicants paying 50% of the amount and furnishing a bank guarantee for the balance within four weeks.SIGNIFICANT HOLDINGS- The court held that the mere admission of appeals or withdrawal of earlier demand notices does not justify unconditional interim relief. The applicants must demonstrate financial hardship or illegality of the demand.- The court emphasized that administration cannot rely solely on bank guarantees, referencing the precedent in Assistant Collector of Central Excise, Chandannagar West Bengal Vs. Dunlop India Ltd and Others.- The court determined that a conditional stay was appropriate, requiring the applicants to pay 50% of the demanded amount and furnish a bank guarantee for the balance. The court stated, 'By balancing the right of adequate access to justice with the right of the Revenue to recover its demands, we stay the impugned demand notices dated 09 January 2025 subject to the condition that the Applicants pays 50% of the demanded amount to the Respondents and furnishes a bank guarantee of a Nationalized Bank for the balance amount within four weeks of the uploading of this order.'- The court clarified that any amount already paid by the applicants should be credited accordingly.- The interim order would be vacated if the applicants failed to comply with the conditions within the stipulated timeframe, allowing the revenue to proceed with recovery actions.