Appeal on rejection of stay petition by cit (appeal)

This query is : Open

Radhakrishnan K.V. (Querist)
Follow

22 August 2015 My client filed appeal and stay application before the CIT (Appeals) against the Assessment Order which was high pitched.CIT (A) dismissed the petition without granting stay. Appeal is yet to be heard. Is it proper to approach ITAT against the order of CIT (Appeals), for stay of recovery of demand or what is other remedy? In other words, is it possible to file Stay petition before ITAT when the appeal is pending with CIT (Appeals)?
Please advise quoting relevant provisions in the law or case law, if any.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
Follow

23 August 2015
Stay can be moved before ITAT while appeal is pending before CIT (Appeals).

Please see Reutes India P Ltd in 3 SOT 886 (Del-Tri) though it is a case of direct stay application to ITAT.

Radhakrishnan K.V.

Radhakrishnan K.V. (Querist)
Follow

24 August 2015 Thank You for the kind response. I have gone through the decision of Reuters India. But in that case the appeal against the assessment order was pending with ITAT and not CIT (Apeeals).
It will be of great help if you can provide more insight in this regard, Sir.

Upgrade to CAclubindia Pro. Subscribe Now!