TaxTMI 
TaxTMI 
2019 (8) TMI 457
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....58/ Chny/2018 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench for the assessment years 2012-13, 2013-14, 2014-15 and 2010-11 respectively. The said miscellaneous applications were filed by the assessee to modify the stay order passed by the Tribunal in S.P.Nos.1 to 8/Mds/2018 dated 12.1.2018. 2. The assessee challenged the assessments for the years 2008-09 to 2014-15 after having been unsuccessful before the Commissioner of Income Tax (Appeals). Before the Tribunal, along with the appeals, the assessee filed petitions praying for stay of the demand for all the assessment years. 3. To substantiate a prima facie case before the Tribunal, the assessee contended that substantial portion of the disallowance was on t....
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....nwhile, the assessee filed fresh stay petitions before the Tribunal and they were dismissed by the Tribunal by a common order dated 26.10.2018. Challenging the common order dated 26.10.2018, the assessee filed writ petitions in W.P.No.29564 of 2018 etc. cases. Those writ petitions were heard by a Division Bench of this Court, to which, one of us (TSSJ) was a party and by a common order dated 12.11.2018, the said writ petitions were dismissed on the ground that the assessee had abruptly stopped complying with the conditional stay order passed by the Tribunal dated 12.1.2018 and that their conduct in filing fresh stay petitions was not appreciated. 6. During the course of hearing of the said writ petitions, it was brought to the notice of th....
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....x ? And iii. On the facts and circumstances of the case and the decision of the Coordinate Bench/High Court in respect of the issues and the quantum of payment made by the assessee, whether the Tribunal ought to have held that balance of convenience is in favour of the appellant and therefore, should have granted stay of collection of tax till the disposal of the appeal? " 8. We have elaborately heard Mr.Vijayaraghavan, learned counsel appearing for the appellant and Mr.M.Swaminathan, learned Senior Standing Counsel and Mrs.V.Pushpa, learned Standing Counsel accepting notice for the respondent and carefully perused the materials on record. 9. The issue to be considered is as to whether the Tribunal was right in rejecting the application....
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....ion 254(1) for it may pass such orders as it thinks fit after giving full hearing to both the parties to the appeal. If the Income-tax Officer and the Appellate Assistant Commissioner have made assessments or imposed penalties raising very large demands and if the Appellate Tribunal is entirely helpless in the matter of stay or recovery the entire purpose of the appeal can be defeated if ultimately the orders of the departmental authorities are set aside. It is difficult to conceive that the Legislature should have left the entire matter to the administrative authorities to make such orders as they choose to pass in exercise of unfettered discretion. The assessee, as has been pointed out before, has no right to even move an application when....
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.... post April 2018 and after the common order dated 12.11.2018 in W.P.No.29564 of 2018 etc. cases, preclude us from doing so and we propose to dispose of the appeals. 13. It is brought to our notice by the learned counsel for the appellant that after the said writ petitions were dismissed by a common order dated 12.11.2018, the assessee complied with the direction issued by the Tribunal in its order dated 12.1.2018, though not within the time stipulated therein. As of now, the entire demand of tax namely Rs. 22,305.89 lakhs for all the seven assessment years has been paid. 14. The learned Senior Standing Counsel for the Revenue points out that though the assessee claims to have paid the entire demand of tax, the interest amount still remai....