High Court of Bombay in the Writ Petion (LODG.) NO. 1424 OF 2012 , JUNE 22, 2012 Filed by Balaji Universal Tradelink (P.) Ltd. held that While considering/deciding the stay application under the said Act, the authority must (i) briefly state the case of the party; (ii) consider whether the party has made out a case for unconditional stay; (iii) the financial difficulty if pleaded be considered and (iv) in case the authority concerned comes to the conclusion that by granting of stay the assessee is likely to defeat the claim of the department then brief reasons for the same be indicated. In the present case, we find that the CIT(A) has completely ignored the parameters laid down by this court in the matter of KEC International Ltd. (Supra) and has passed an order without considering all the submissions of the petitioners and also failing to point out even briefly in the Order as to why the interim payment of 50% of Rs.6.36 crores is necessary in the facts of the present case. We do not suggest that the reasons must be elaborate for the order is only on an interim application. However, brief reasons indicating the basis of a prima facie view are necessary.
Subscribe to:
Post Comments (Atom)
HC upholds validity of provisions restricting ITC where supplies are taxed under RCM
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC) [1] dealing with the issue of denial of input tax credit (ITC) ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Introduction It's important for taxpayers to have a clear understanding of the available allowances and deductions, as they can grea...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
Facts · India company has overseas subsidiary companies and there may arise requirement wherein customer execution requires the inv...
No comments:
Post a Comment