Income Tax Demand - Page 3

Stay on recovery of demand cannot be rejected merely relying on CBDT instruction

M/s. Shriram Finance Vs Pr. CIT (Madras High Court)

Since CIT rejected assessee’s application for stay of recovery of demand merely relying of CBDT instruction which was cryptic and non-speaking as CBDT circular/instruction could not serve as a series of guidelines in the matter of grant of stay, therefore, the matter was remanded back to CIT for disposal afresh in accordance with law....

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Non receipt of consideration is no ground for lifting pre-deposit requirement

Smt. Kalpana Ashwin Shah Vs ACIT and Ors. (Bombay High Court)

Smt. Kalpana Ashwin Shah Vs ACIT and Ors. (Bombay High Court) 1. The Petitioner has challenged the orders passed by the Assessing Officer as well as the Commissioner of Income Tax, requiring the Petitioner to deposit 20% of the disputed tax pending Appeal against the order of the assessment subject to which the remaining recovery [&hellip...

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Time to Revisit Conventional Coercive Tax Recovery Measures

Time to Revisit the Conventional Coercive Recovery Measures of Tax Collection by Revenue Authorities!! As per the existing Legislative framework of the Direct Taxation Laws in our Country, the tax collection measures can broadly be classified into Pre-Assessment tax collection measures and Post Assessment tax collection measures. The pre-...

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Posted Under: Income Tax |

Misinterpretation of Section 12A(1)(ba) by CPC shall lead to Huge Tax Demands

Draconian Misinterpretation of Sec. 12A(1)(ba) of the Income Tax Act, 1961 by CPC (Income Tax Centralized Processing Center) shall lead to Huge Tax Demands The Finance Act, 2017 has inserted a new provision sec. 12A(1)(ba) w.e.f. 01/04/2018 (applicable from A.Y. 2018-19 and onwards as follows: “Conditions for applicability of sections ...

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Posted Under: Income Tax |

Tax Recovery to achieve Recovery Targets should be only after following due process of law

We have noted the internal instruction No. F.NO. D.01380/02/2018-IT(B) Dt. 26th March, 2019 issued by Member, CBDT and Special Secretary to Government of India, Instructing all Pr. CITs across India to take all possible actions with respect to recovery of arrears and current demand to achieve shortfall of 14.9% in the targeted revenue col...

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Posted Under: Income Tax |

Considerable Points for Staying of Income Tax Demand

Applications seeking of stay of demand during the pendency of first appeal before CIT (Appeals) are generally rejected in a casual manner causing considerable hardships to the assessee. The assessing officers insist to deposit 20% deposit of tax demand as per July 2017 revised guidelines as precondition to grant a stay. However, the same ...

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Posted Under: Income Tax |

ITAT found conduct of AO in Tax Recovery case of pre-empting it from dealing with Stay application

Greater Mohali Area Development Authority Vs. DCIT (ITAT Chandigarh)

With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively. ...

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No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

Google India Private Limited Vs. DICT (Karnataka High Court)

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with t...

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Google Case: No stay on demand on the ground of Appeal Filing

M/s. Google India Pvt. Ltd. Vs Deputy Commissioner of Income-tax (ITAT Bangalore)

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the ...

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HC denied stay on collection of Tax on failure of appellant to pay tax which was suo motto agreed to be paid by appellant

Kalaignar TV Private Limited Vs. The Principal Commissioner of Income Tax (Madras High Court)

This Court finds that when the petitioner had agreed to comply with the payment of disputed tax at the rate of Rs. 50 lakhs per month, they are bound to comply with such an undertaking. Now arguing before this Court pleading their financial incapacity or requesting this Court to examine the merits of the assessment is unsustainable, as th...

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September 2021