Assessee, a political party, which was\u00a0 subjected to scrutiny assessment for relevant assessment year 2018-19 whereby addition of Rs. 199.15 crores was made as against Nil income declared by assessee in return of income and demand of Rs. 105.17 crores (inclusive of interest) was raised. Difference between returned and assessed income was solely because of denial of claim for section 13A exemption.\u00a0 Assessment order was upheld by Commissioner (Appeals) and appeal against it is pending before Tribunal.\u00a0 Assessee preferred a stay application citing hardship in view of forthcoming Parliamentary Elections. Tribunal held that while exercising power of stay, it is imperative for Tribunal to not only consider factors, such as, existence of a prima facie case, balance of convenience and irreparable loss\/hardship but also to be circumspect; and, that stay on recovery proceedings should not be granted as a matter of course or in a routine manner. Since delay in determination of Appeal, if any, was not attributable to revenue as Assessing Officer was willing to keep recovery in abeyance requiring assessee to pay 20 per cent of disputed demand and it was assessee who had not shown keenness to expedite hearing in its appeal before Tribunal as it sought three adjournments. Accordingly\u00a0 stay application is\u00a0 without merits and dismissed.\u00a0 (AY. 2018-19)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 254(2A) : Appellate Tribunal-Stay-Three adjournments were sought by Revenue-Failure to comply with the provisions of section 13A-Stay application is rejected [S.13A, 226, 254(1) <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-48790","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-cGW","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48790","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=48790"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48790\/revisions"}],"predecessor-version":[{"id":48791,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48790\/revisions\/48791"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=48790"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=48790"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=48790"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}