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Issues involved: Writ petition u/s article 226 for quashing order rejecting stay application in recovery proceedings and seeking direction for disposal of appeal.
The judgment by K. L. Sharma J. of the High Court of Allahabad pertains to a writ petition filed under article 226 of the Constitution of India. The petitioner had appealed against the recovery proceedings initiated by the assessing authority for the income-tax liability of Rs. 31,41,142 determined for the assessment year 1992-93. The Commissioner of Income-tax (Appeals) rejected the stay application without listing the appeal for hearing, leading to financial hardship for the appellant. The petitioner argued that the Central Board of Direct Taxes' circular emphasized staying recovery proceedings when the assessed income is substantially higher than the returned income, as in this case where the tax was determined at Rs. 33,04,450 compared to the declared income of Rs. 11,710. The circular recommended holding tax collection in abeyance until the appeal decision, which was not considered in the rejection of the stay application. The petitioner highlighted the unfairness of recovering the disputed tax amount during the pendency of the appeal, causing significant hardship. The Department of Income-tax contended that if recovery proceedings are stayed, the appellant should provide adequate security to cover the potential tax liability. However, considering the appellant's financial constraints and the assets available, the court found no necessity for the appellant to furnish any security. The judgment directed the Commissioner of Income-tax (Appeals) to expedite the appeal process, providing a full opportunity to the appellant within four months. Until the appeal's disposal, the recovery proceedings for the disputed tax amount were ordered to be kept in abeyance, ensuring justice and fairness in the proceedings.
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