2010 (2) TMI 1317 - HC - Income Tax

Summary

Issues involved: Challenge to assessment order u/s 158BD of the Act and rejection of stay application by Additional Commissioner of Income Tax.

The petitioner challenged the assessment order passed u/s 158BD of the Act and the rejection of the stay application by the Additional Commissioner of Income Tax. The petitioner had filed an appeal against the block assessment order and a stay application before the Commissioner of Income Tax (Appeals), Meerut. The Additional Commissioner rejected the stay application, while the stay application before the Commissioner of Income Tax (Appeals) was pending. The High Court declined to examine the validity of the block assessment order, noting that the petitioner had already availed an alternative remedy by filing an appeal.

The learned Standing Counsel requested the High Court to direct the Commissioner of Income Tax (Appeals), Meerut to dispose of the stay application in accordance with the law. The petitioner's counsel referred to a case where the Bombay High Court provided parameters for disposing of stay applications. The High Court directed the Commissioner of Income Tax (Appeals), Meerut to expedite the disposal of the stay application within two weeks, following the parameters set by the Bombay High Court, without being influenced by the rejection of the stay application by the Additional Commissioner of Income Tax. Additionally, considering the substantial demand involved, the Commissioner of Income Tax (Appeals), Meerut was directed to decide the appeal promptly.