1

Commissioner (A) is not empowered to enhance income a new source of income vide 82ITR 9Trib) 176
1

It is assessee’s choice to select a method for determining FMV of shares vide 81 ITR (Trib) (SN) 78
1

No TP adjustment of trade receivables in case of a debt-free company vide 81ITR (Trib) (SN) 94
1

To accord registration as a charitable institution under income tax dominant purpose must be charitable and satisfies the conditions laid down us 2(15) vide 426ITR108 despite having non charitable ancillary objects meant to achieve the dominant purpose
1

Transactions with dubious entities is reason enough for case reopening vide 421ITR624

No fetters on AO in dealing with stay applications

ByCA Gopal Nathani

Dec 1, 2023

From time to time CBDT issue departmental instructions, administrative circulars or memorandum for guidance of its officers in the matter of grant of stay with certain pre-condition for payment, such as 15%/20% of demand pending appeal.

The Courts have held that the such administrative circulars/instructions would not operate as a fetter on the Commissioner/ Commissioner (Appeals), ITAT and Courts.

This time the Telangana High Court in [2023) 458 ITR 750 held that the Assessing Officer is also not confined by any such Departmental instructions.

In this case the ITO has followed instructions of the CBDT dated March 21, 1996 to the effect that where an outstanding demand was disputed before the appellate authority, the assessee had to pay 20 per cent. of the disputed demand.