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TMI Blog2012 (7) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... isfied, it cannot but be held as without proper application of mind - the condition imposed by the appellate authority upon the petitioner requires modification - petitioner to satisfy the second installment with in two weeks on which event he will continue to have the benefit of interim stay, throughout the pendency of the appeal. - WP(C).No. 13738 of 2012 (N) - - - Dated:- 18-6-2012 - MR.JUSTICE P.R.RAMACHANDRA MENON, J. For Appellant:- SRI.T.M.SREEDHARAN (SR.), SMT.NISHA JOHN, SRI.V.P.NARAYANAN, SMT.BOBY M.SEKHAR For Respondent:- SRI.JOSE JOSEPH, SC, FOR INCOME TAX P.R. RAMACHANDRA MENON, J. JUDGMENT The assessment finalized by the first respondent under Section 143(3) of the Income Tax Act in the differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is stated that the matter has been considered and dealt with accordingly. 3. Sri. T.M. Sreedharan, the learned Sr. counsel appearing for the petitioner submits that the contents of the statement do not reconcile with the aspects as dealt with by the appellate authority in Ext.P7 series interim orders. There is absolutely no discussion with regard to the merits involved, but for simply observing that there is 'no financial stringency'. It has been simply ordered to satisfy 50% of the demand in '5' equated monthly instalments. The learned Standing Counsel appearing for the department submits that the merit of the case can be considered and decided only after considering the entire materials on record, in the course of finalization of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2009. As a matter of fact, under the head 'Guidelines for Staying Demand', various circumstances and requirements have been stipulated, also in respect of a petition filed under Section 220(6) of the Income Tax Act and necessity for the Assessing Officer to consider all these facts and to pass a speaking order. 5. No doubt, the appellate authority is to discharge the function as a 'quasi judicial authority', who has to consider and decide whether or not any condition is to be imposed and if so, to what extent and why? In the absence of any such discussion, when such authority declares that 50% has to be satisfied, it cannot but be held as without proper application of mind. 6. After hearing both the sides and after going through the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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