Quote for the Day:

"A Simple formula for a happy life, 
never try to defeat anyone, Just try to win everyone. 
Don't laugh at anyone, but Laugh with everyone"

Important Case Law:

“Tribunal has power to grant stay of order operation of an order appealed against, even if no tax demand has arisen: HC"

Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Powers of (Stay) - Whether Tribunal in exercise of its powers under section 254 possesses incidental and ancillary powers to pass such interim orders as may be necessary to protect efficacy of appellate remedy - Held,yes - Whether Tribunal is competent to grant stay where continuation thereof during pendency of appeal would render appeal nugatory and while exercising such power, Tribunal must be satisfied that a strong prima facie case is made out and that refusal to grant interim relief would frustrate very purpose of appeal, while ensuring that appeal itself is disposed of expeditiously - Held,yes - Whether therefore, Tribunal cannot decline to entertain stay application predominantly on premise that no tax demand has arisen and that it lacks jurisdiction to stay operation of order passed by Commissioner - Held,yes [Paras 10 and 11] [Matter remanded]

Case Analysis: J & K Yateem Foundation Vs. Income Tax Appellate Tribunal

Date:                 December 30, 2025

Citation:           [2026] 182 taxmann.com 199 (Jammu & Kashmir and Ladakh)

Bench:              Sindhu Sharma and Shahzad Azeem, JJ.

Facts of the Case:

• The assessee-society was granted registration under section 12A(1)(ac)(i). The said registration came to be cancelled by the Commissioner (Exemptions).

• On appeal, the assessee filed a stay application along with the appeal, seeking,inter alia, stay of the operation of the cancellation order during pendency of the appeal.

• The Tribunal dismissed the application for stay on the grounds that there was no outstanding tax demand against the assessee and that, in the absence of any subsisting tax demand as on date of consideration, the Tribunal had no jurisdiction to stay the operation of the order passed by the Commissioner.

For Judgment,  Please click here

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