SC questions HC order asking Congress to move ITAT for stay on tax demand

The Supreme Court on Monday questioned the Delhi High Court’s decision asking the Congress party to approach the Income Tax Appellate Tribunal (ITAT) for a stay on Income Tax demand notice for recovery of outstanding dues of more than Rs 100 crore.

A bench of Justices BV Nagarathna and N Kotiswar Singh, which issued notice on the plea of the Congress against the March 13 high court order, however, said the ITAT can proceed on the political party’s appeal.

“How can the high court ask the petitioner (Congress) to go back to ITAT when it came in appeal against tribunal’s order? The high court was not right in not exercising its jurisdiction,” the bench observed.