Tribunal Must Ensure Prima Facie Case and Irreparable Hardship for Interim Stay in Income Tax Recovery Cases.
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....Stay of recovery - ground for stay - Tribunal should have borne in mind while granting an interim order is that the assessee should have made out a prima facie case; the balance of convenience should have been in his favour; and if stay is not granted in favour of the assessee, he will be put to irreparable hardship - these are mandatorily required to be addressed, while granting stay....


TaxTMI
TaxTMI