High Court Notes AO’s “Consistent Failure” To Follow Binding Law In Stay Orders

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From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Thu, Mar 22, 2012 at 4:11 PM
Subject: Message from EGroup of SolapurCAs High Court Notes AO's "Consistent Failure" To Follow Binding Law In Stay Orders
To: editor@itatonline.org

 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

Tata Toyo Radiators Pvt Ltd vs. UOI (Bombay High Court)

S. 220(6): AO must pass reasoned order to deal with stay applications

 

The AO passed an assessment order raising a demand of Rs.5.76 Crores. The assessee filed a stay application stating that the CIT (A) had heard the appeal and stay of demand be granted till the order on the appeal. The AO rejected the stay application and directed that the demand be paid without giving any reasons. The assessee approached the Addl CIT who noted that as the AO had already started recovery proceedings, there was no point before him to consider. The assessee's bank accounts were attached u/s 226(3). The assessee filed a Writ Petition. HELD by the Court:

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Regards,

Editor,

itatonline.org

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