AFFIDAVIT ACCOMPANYING A PETITION FOR STAY OF TAX DEMAND

AFFIDAVIT ACCOMPANYING A PETITION FOR

STAY OF TAX DEMAND

AFFIDAVIT

I, aged about ______ years, son of Shri ________________________ resident of ________________________as Secretary, _________________________________, do hereby solemnly affirm and state on oath as under:

1.         That the deponent is working as a Secretary in ___________________________ and as such is personally acquainted with the facts being stated herein below.

2.         That assessee is a Co-operative Society doing business in agricultural Products. The Society was established with a view to provide agricultural goods to the users at the least margin of profit and thereby to contain the rising price line.

3.         That the Society has been incurring losses for the last Four or Five years. Returns for the year 2003-04, 2004-05 and 2005-06 were filed on Dated ____________ declaring loss of Rs. ____________ and claiming the same to be set-off in the next year(s). For the year 2003-04 return was filed as being late. For the years 2004-05 and 2005-06 losses of Rs. ________________ and Rs…______________ respectively were determined by the Assessing Officer vide orders dated ______________ and _____________ respectively (Annexure Enclosed ). But the benefit of carry forward was not given for Last few years years, while in the year 2004-05 the Assessing Officer gave a clear finding to this effect but for the year 2005-06, the Assessing Officer simply forgot to give a finding to this effect.

4.         That against these assessments the applications under section 154 were moved and appeals were filed. The applications under section 154 were rejected by the Assessing Officer (Annexure Enclosed) and in appeal also, the Appellate Authority failed to record a finding to this effect.

5.         That an application under section 154 was moved to rectify this error and to give benefit of carry forward and set-off. The application under section 154 was rejected by Commissioner (Appeals)  vide order dated ………. (Annexure No….).

6.         That against this rejection, an appeal was filed before this Hon'ble Tribunal through registered post on Dated ___________ which is pending for disposal.

7.         That since the claim of the assessee in respect of carry forward and set-off losses was denied to it, as such assessment for the year 2005-06 was made by the Assessing Officer vide order dated ____________ (Annexure No. 7) on an income of Rs. ____________ and tax demand of Rs_____________ was created which includes interest of Rs. ___________

8.         That by disregarding the claim of the assessee to carry forward and set off the losses at Rs. ____________ the Assessing Officer committed an error, which is apparent on the record.

9.         That the appeal for the year 2005-06 is pending before this Hon'ble Tribunal and the assessee has got full hope of success in this appeal. The details are as under:

(a)	Tax demand in the Assessment year			Rs._______
(b)	Disputed amount of tax on Assessment Year			Rs._______
(c)	Remaining amount of tax			Rs._______
10.	Date of filing of the appeal before the Tribunal:		Appeal for the year______ filed on Dated __________
11.	Whether any application for stay was moved to the revenue authorities concerned, and if so, the result thereof:		Petition for stay in respect of Rs. __________ moved before the Commissioner of Income-tax, but no relief (Annexure No.8)

12.       That the assessee has been suffering losses for the past several years and the society is in a very bad financial condition, it finds it difficult even to pay the salaries of the staff concerned, and as such, the assessee is not at all in the condition to pay the tax demand against it. It will suffer an irreparable loss, if the recovery is pressed against the assessee.

13.       That the assessee undertakes to furnish the security as and when demanded by this Hon'ble Tribunal.

14.       It is, therefore, respectfully prayed that this Hon'ble Tribunal may be pleased to pass orders for granting the stay in respect of disputed amount of Rs.___________  Any other relief which this Hon'ble Tribunal may deem fit, just and proper by given to the assessee.

DEPONENT

Dated;

Place;

The____________

I, the above-named deponent, do hereby verify that the contents of para 1 is true to the best of my knowledge and the contents of paras 2 to 14 are as per information supplied to me by the Accounts Department of (Name of Assessee).

Signed and verified on this_____________day of ________________, within the court compound, (Place)

DEPONENT

Dated;

Place;

The........................

I, identify the deponent who has signed in my presence.

Advocate