TaxTMI 
TaxTMI 
1997 (5) TMI 71
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....hapter XIV-B of the IT Act, 1961, to Shri Nalin C. Doshi, prop. VI Sec., Baroda. In response to this notice, the return was due on 23rd Dec., 1995. However, Shri Nalin C. Doshi furnished his return in Form No. 2B on 16th Oct., 1996, showing undisclosed income of Rs. 2 crores. As against self-assessment tax under s. 140A payable at Rs. 1.20 crores, the assessee paid only Rs. 9 lacs along with the return. The block assessment order under s. 158BC(c) r/w s. 158BC of the Act was passed on 24th Oct., 1996, determining total undisclosed income of Rs. 7.41 crores and raising demand of Rs. 4.44 crores. As the assessee had already paid Rs. 9 lacs along with the return, net demand of Rs. 4.35 crores was raised against the assessee. Ground on whic....
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.... this particular ground was not raised by the Departmental Representative before us at the time of hearing of the stay petition. Therefore, there is no mistake apparent from record in our order dt. 9th Jan., 1997, and on the short ground itself, the Department's petition under s. 254(2) can be dismissed. However, we are proceeding to deal with the arguments raised by the Departmental Representative and the assessee's counsel on merits as well. 2. The other part of the petition of the Department submits that certain movable and immovable assets belonging to the assessee's group were only provisionally attached under s. 281B of the Act. It was clarified that the attachment was not made as per Second Schedule of the IT Act. As per s. 281B su....
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....eal under Chapter XX shall be admitted unless at the time of filing of the appeal—where a return has been filed by the assessee, the assessee has paid the tax due on the income returned by him, or where no return has been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him, provided the Dy. CIT(A) or CIT(A) may, for any good and sufficient reason to be recorded in writing, exempt him from the operation of the said provision on an application made. In this case, however, there is no dispute by both the parties that the AO himself treated the return to be invalid return and, therefore, non-return. It is also notable that no notice under s. 139(9) indicating the defects in the re....
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....etition filed before the Tribunal. The powers of the Tribunal for disposing an appeal under s. 253(1)(b) r/w s. 254(1) have to be read together. Under s. 253(1)(b), which was introduced w.e.f. 1st July, 1995, an order passed by the AO under s. 158BC(c) has to be heard by the Tribunal. Once an appeal is filed before the Tribunal, then the only procedure is available for disposal of the same is prescribed under s. 254 of the Act. Under s. 254(1) of the Act, the Tribunal, may after giving both the parties, an opportunity of being heard, pass such orders thereon as it thinks fit. There is no separate provision like that of s. 249(1) in case an appeal filed before the Tribunal. Under s. 249(1) an appeal may be filed before the Tribunal (sic), Dy....
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....g an appeal before the Tribunal. Such implied power of granting stay is an adjunct of, and flows from, the substantive power to entertain and hear the appeal, conferred upon the Tribunal. As a matter of fact, the Hon'ble Karnataka High Court in Swathi Traders vs. CTO (1990) 76 STC 393 held that the inherent power of the Tribunal to grant stay cannot at all be taken away even by a legislative amendment. It was under such circumstances that the Hon'ble Madhya Pradesh High Court in Smt. Basant Kumari vs. State of Madhya Pradesh AIR 1990 MP 160 has struck down the provisions of the 1989 inserted (sic) s. 42A of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, which enacted prohibition on grant of stay, as violative of the rule of ....