Stay Application in ITAT maintainable despite non-filing of stay petition before lower authorities

Court :Income Tax Appellate Tribunal, Mumbai Citation :  DHL Express (India) P. Ltd. Vs The Addl Commissioner of Income Tax Stay Application No. 119/Mum/2010 Arising out of ITA No. 7360/Mum/2010 (Assessment Year- 2006- 07) Brief: In view of the decision in Broswel Pharmaceutical Inc vs ITO 83 TTJ 126 (All) it is not mandatory on the part of the assessee to move application before the Revenue Authorities for granting of stay of outstanding demand. Accordingly, there is no merit in the argument of the department that the stay application should be rejected outright since the assessee has not m...