Stay application before cit(appeals)
This query is : Resolved
20 March 2014
Hi...
I like to know whether there is any specific format for filing stay application before CIT(A)??
I like to know whether there is any specific format for filing stay application before CIT(A)??
20 March 2014
There is no specific format. Has to draft with facts preferably in 'third person'.
Message likes :
2 times
21 March 2014
Please see a model. Edit according to your case.
Before the Commissioner of Income tax (Appeals-1), Bombay
Stay Application No.—————— of 2014
ABHINAND SAXSENA
Apartment 10
CA Apartments
M.G. Road
Mumbai - 400 001 .... Petitioner
Versus
Deputy Commissioner of Income tax,
Asst. Range, IV (A),
Mumbai -400021 .... Respondent
The humble application of the petitioner above named most respectfully sheweth:
1. The Petitioner is an individual engaged in the business of civil construction activities for Government of India. The relevant Assessment Year is 2012-13 (previous year ending on 31-3-2012). The Petitioner filed the return of income on 29-9-2012 showing income of Rs.9,00,000/-. The Petitioner had maintained regular books of account and shown the profit as per the books of account maintained by them. The Petitioner further states that for earlier years also, the books of account maintained by the Petitioner has been accepted by the Assessing Officer. The Deputy Commissioner of Income-tax, Asst. Range rejected the book results of the Petitioner and estimated the income of the Petitioner at 10% of the gross receipts and assessed the income of the Petitioner at Rs.20,00,000/- (Hereto marked Exhibit 'A' is the copy of the order passed by the Deputy Commissioner of Income-tax.)
2. Being aggrieved by the order of the Deputy Commissioner of Income-tax, the Petitioner filed an appeal before the Commissioner of Income-tax (Appeals-1), Mumbai and the said appeal is pending for disposal.[Hereto marked Exhibit 'B' is the appeal memorandum filed before the CIT (A)].
3. The Petitioner submits that the estimate of income confirmed by the Commissioner of Income-tax (Appeals) was not correct. In the past also the book results of the Petitioner was accepted by the Income-tax authorities.
4. The Petitioner states that though the appeal is pending before the CIT (Appeals-1),Mumbai, the Deputy Commissioner of Income-tax started the recovery proceedings against the Petitioner. The Petitioner vide their letter dated 1-2-2014 requested the Assessing Officer to keep the demand in abeyance till the decision of the 1st appeal pending before the CIT (Appeals-1), Mumbai. However, the Assessing Officer vide his letter dated 15-3-2014 rejected the petition of the Petitioner and refused to keep the demand in abeyance, till the decision of the CIT (Appeals-1) Mumbai.
[Hereto marked Exhibits 'C'and 'D' are the correspondence with the tax authorities]
5. The Petitioner further states that they are not having bank balance or liquidity to make the payment of tax in dispute and if the department proceeds further to recover the tax in dispute, great hardship will be caused to the Petitioner and the business of the Petitioner may be ruined. The Petitioner is also enclosing herewith the latest balance sheet of the company and the bank statement to show that, the financial status and the bank balance as of date (Hereto marked exhibit 'G' is the copy of Balance Sheet and exhibit 'H' is the copy of bank statement).
6. The petitioner further states that he is prepared to offer his assets as security for satisfaction of the department.
7. The Petitioner, therefore, prays:
a. That the Recovery Proceedings initiated against the Petitioner may be stayed till the disposal of appeal by the CIT(Appeals-1),Mumbai.
b. The Deputy Commissioner of Income-tax, or their subordinates or their successors may be restrained from taking any action as regards recovery of tax, interest and penalty levied or leviable for the relevant assessment year.
c. The hearing of the Appeal may be expedited.
d. Any other relief which the CIT(Appeals -1) Mumbai may deem fit and proper in the nature and circumstances of the case may be granted.
I,Abhinand Saxsena, the petitioner, state that whatever is stated herein above in the Stay Petition is true to the best of my knowledge and information.
Dated this the
21st day of March, 2014 at Bombay
PETITIONER.
Before the Commissioner of Income tax (Appeals-1), Bombay
Stay Application No.—————— of 2014
ABHINAND SAXSENA
Apartment 10
CA Apartments
M.G. Road
Mumbai - 400 001 .... Petitioner
Versus
Deputy Commissioner of Income tax,
Asst. Range, IV (A),
Mumbai -400021 .... Respondent
The humble application of the petitioner above named most respectfully sheweth:
1. The Petitioner is an individual engaged in the business of civil construction activities for Government of India. The relevant Assessment Year is 2012-13 (previous year ending on 31-3-2012). The Petitioner filed the return of income on 29-9-2012 showing income of Rs.9,00,000/-. The Petitioner had maintained regular books of account and shown the profit as per the books of account maintained by them. The Petitioner further states that for earlier years also, the books of account maintained by the Petitioner has been accepted by the Assessing Officer. The Deputy Commissioner of Income-tax, Asst. Range rejected the book results of the Petitioner and estimated the income of the Petitioner at 10% of the gross receipts and assessed the income of the Petitioner at Rs.20,00,000/- (Hereto marked Exhibit 'A' is the copy of the order passed by the Deputy Commissioner of Income-tax.)
2. Being aggrieved by the order of the Deputy Commissioner of Income-tax, the Petitioner filed an appeal before the Commissioner of Income-tax (Appeals-1), Mumbai and the said appeal is pending for disposal.[Hereto marked Exhibit 'B' is the appeal memorandum filed before the CIT (A)].
3. The Petitioner submits that the estimate of income confirmed by the Commissioner of Income-tax (Appeals) was not correct. In the past also the book results of the Petitioner was accepted by the Income-tax authorities.
4. The Petitioner states that though the appeal is pending before the CIT (Appeals-1),Mumbai, the Deputy Commissioner of Income-tax started the recovery proceedings against the Petitioner. The Petitioner vide their letter dated 1-2-2014 requested the Assessing Officer to keep the demand in abeyance till the decision of the 1st appeal pending before the CIT (Appeals-1), Mumbai. However, the Assessing Officer vide his letter dated 15-3-2014 rejected the petition of the Petitioner and refused to keep the demand in abeyance, till the decision of the CIT (Appeals-1) Mumbai.
[Hereto marked Exhibits 'C'and 'D' are the correspondence with the tax authorities]
5. The Petitioner further states that they are not having bank balance or liquidity to make the payment of tax in dispute and if the department proceeds further to recover the tax in dispute, great hardship will be caused to the Petitioner and the business of the Petitioner may be ruined. The Petitioner is also enclosing herewith the latest balance sheet of the company and the bank statement to show that, the financial status and the bank balance as of date (Hereto marked exhibit 'G' is the copy of Balance Sheet and exhibit 'H' is the copy of bank statement).
6. The petitioner further states that he is prepared to offer his assets as security for satisfaction of the department.
7. The Petitioner, therefore, prays:
a. That the Recovery Proceedings initiated against the Petitioner may be stayed till the disposal of appeal by the CIT(Appeals-1),Mumbai.
b. The Deputy Commissioner of Income-tax, or their subordinates or their successors may be restrained from taking any action as regards recovery of tax, interest and penalty levied or leviable for the relevant assessment year.
c. The hearing of the Appeal may be expedited.
d. Any other relief which the CIT(Appeals -1) Mumbai may deem fit and proper in the nature and circumstances of the case may be granted.
I,Abhinand Saxsena, the petitioner, state that whatever is stated herein above in the Stay Petition is true to the best of my knowledge and information.
Dated this the
21st day of March, 2014 at Bombay
PETITIONER.
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