High Court Upholds ITAT Decision on Stay Order in Tax AppealInterim stay application - Held that:- It has been held by the Tribunal that the assessee was still in the process of constructing the building for charitable purpose. That he claimed that the order of the Assessing Officer treating the corpus donation as the income of the assessee was not justified. In these circumstances, the Tribunal was proceeded to grant a conditional stay order. The assessee has been directed to deposit a further sum of Rs. 30lacs on or before 15.3.2015 and in case the com... ... ... Issues: Application for stay of demand before Income Tax Appellate Tribunal, Agra, Bench in S.A. No.01/Agra/2012 for assessment year 2011-12.

In the judgment delivered by the High Court, the appellant had made an application for stay before the Income Tax Appellate Tribunal, Agra, Bench in S.A. No.01/Agra/2012, arising from the order of the C.I.T. (A), related to the assessment year 2011-12. The appellant requested a complete stay of the demand amounting to Rs. 3,27,68,450, having already deposited Rs. 30 lacs earlier. The Tribunal observed that the assessee was still in the process of constructing a building for charitable purposes and disputed the Assessing Officer's treatment of corpus donation as the assessee's income. The department argued that the assessee failed to submit the audit report and prove the trust's genuineness. Consequently, the Tribunal granted a conditional stay order, directing the assessee to deposit an additional Rs. 30 lacs by a specified date. If compliance was met, recovery of Rs. 2,97,68,450 was to remain stayed for six months or until the appeal's final decision, whichever was earlier. The High Court, after considering the facts, concluded that no question of law arose in the appeal challenging the Tribunal's order and dismissed the appeal accordingly. Interim stay application - Held that:- It has been held by the Tribunal that the assessee was still in the process of constructing the building for charitable purpose. That he claimed that the order of the Assessing Officer treating the corpus donation as the income of the assessee was not justified. In these circumstances, the Tribunal was proceeded to grant a conditional stay order. The assessee has been directed to deposit a further sum of Rs. 30lacs on or before 15.3.2015 and in case the compliance is made, further recovery of Rs. 2,97,68,450/- is to shall remain stayed for a period of six months or till the appeal is finally decided, whichever, is earlier. No substantial question. M/s Hardayal Charitable And Educational Trust Versus Commissioner Of Income Tax Agra
Income Tax
2015 (4) TMI 878 - ALLAHABAD HIGH COURT - TMI
ALLAHABAD HIGH COURT - HC
Dated:- 27-3-2015
INCOME TAX APPEAL No. - 67 of 2015 - -
Income Tax
Arun Tandon and Dr. Satish Chandra, JJ. For The Appellant : Rahul Agarwal For The Respondent : C.S.C. It (Delivered By:- Arun Tandon,J.) Heard Sri Rahul Agarwal, learned counsel for the appellant and the counsel for the Department. The appellant before this Court made an application for stay before the Income Tax Appellate Tribunal, Agra, Bench in S.A. No.01/Agra/2012, arising out of the order of the C.I.T. (A), pertaining to the assessment year 2011-12. The assessee requested for a complete stay of the demand as raised against him under the impugned assessment i.e. Rs. 3,27,68,450/-. The assessee had deposited a sum of Rs. 30lacs earlier. The interim stay application has been decided under order in appeal before us. It has been held by the Tribunal that the assessee was still in the process of constructing the building for charitable purpose. That he claimed that the order of the Assessing Officer treating the corpus donation as the income of the assessee was not justified. The department, however, contended that the assessee did not submit the audit report before the Assessing Officer and further the genuineness of the trust was yet to be proved. In these circumstances, the Tribunal was proceeded to grant a conditional stay order. The assessee has been directed to deposit a further sum of Rs. 30lacs on or before 15.3.2015 and in case the compliance is made, further recovery of Rs. 2,97,68,450/- is to shall remain stayed for a period of six months or till the appeal is finally decided, whichever, is earlier. In my opinion, no question of law arises in this appeal directed against the order of the Tribunal. The appeal is dismissed.
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