2010 (10) TMI 108 - HC - Income Tax

Recovery - Application before the Assessing Officer for staying the recovery against the petitioner - On this application an order was passed by AO directing the petitioner to deposit 40 per cent of the tax assessed - In the case of Prem Prakash Tripathi Vs. CIT (1994 -TMI - 20136 - ALLAHABAD High Court) - Held that - Commissioner (appeals) has power to grant stay - CIT(A) directed to pass an appropriate order - the writ petition is disposed of

Summary

The High Court of Allahabad disposed of a writ petition regarding an assessment order passed under the Income Tax Act, 1961. The petitioner filed an appeal and an interim application. The court directed the respondent to pass an appropriate order on the interim application within a week. The court referred to a previous case where the respondent was granted power to issue interim orders in appeals.