Stay petitions before ITAT - Steps to be taken to protect the interests of Revenue - reg.

Stay petitions: Revenue should oppose unconditional relief, insist on bank guaranteed conditional stays and pursue vacation in higher courts.

Departmental representatives must prioritize opposing stay petitions before the Income Tax Appellate Tribunal, filing written submissions to resist unconditional relief and to seek that any stay be made conditional and secured by a bank guarantee; where conditions under the Appellate Tribunal Rules (including Rule 35A) are not met, the Bench's attention must be drawn in writing. If a stay is granted, senior tax officers should promptly examine the legal position and take immediate, case by case steps to vacate or modify the stay or move the High Court on priority.