2023 (1) TMI 69 - HC - Income Tax

Stay application - Reopening of assessment u/s 147 - petitioner states that he would be satisfied, if the stay application already filed by the petitioner, after the filing of the present writ petition, is disposed of in a time-bound manner - HELD THAT - Keeping in view the aforesaid limited prayer, the present writ petition along with pending applications stands disposed of with a direction to the AO to decide the petitioner s stay application, if already filed, within four weeks by way of a reasoned order in accordance with law. The rights and contentions of all the parties are left open. The petitioner is also given liberty to file an appeal within two weeks in accordance with law. In the event the petitioner is aggrieved by the disposal of the stay application, the petitioner shall be at liberty to file appropriate proceedings in accordance with law.

Summary

The Delhi High Court disposed of a writ petition challenging a notice of demand and assessment order under the Income Tax Act for the Assessment Year 2014-15. The court directed the Assessing Officer to decide the petitioner's stay application within four weeks and allowed the petitioner to file an appeal within two weeks.