9911796707
TMI Blog2012 (11) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioner against the order dated 14.01.2011 of the Assistant Commissioner of Income Tax (Assessing Officer) and the order dated 10.02.2011 of the Commissioner of Income Tax, rejecting the Petitioner's application for stay of demand pending the disposal of its appeal before the Commissioner of Income Tax (Appeals) from the order of assessment dated 30.11.2010 passed for assessment year 2008-2009. However, while the petition was pending, the Commissioner of Income Tax (Appeals) by an order dated 08.03.2011 dismissed the Petitioner's appeal on merits. Consequently, after obtaining leave from this court, the Petitioner amended the petition and also sought to challenge the order of the Commissioner of Income Tax (Appeals) dated 08.03.2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e stayed till the disposal of the appeal. 6. In view of the above, on 07.02.2011, the Petitioner filed an application to the Commissioner of Income Tax to stay the demand of Rs.86.97 lacs till its appeal was disposed of by the Commissioner of Income Tax (Appeals). By an order dated 10.02.2011, the Commissioner of Income Tax held that the order passed by the Assessing Officer on the stay application was reasonable and therefore refused to exercise his jurisdiction. 7. It was against the aforesaid orders dated 14.01.2011 and 10.02.2011 the Petitioner had filed this petition. However, during the pendency of the petition, by an order dated 08.03.2011, the Commissioner of Income Tax (Appeals) dismissed the Petitioner's appeal on merits. The af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purposes of arriving at expenditure to be disallowed under Section 14A of the said Act. Therefore, no fault could be found with the order passed by the Authorities. In any event, he submits that the Petitioners have an alternate remedy of filing an appeal to the Income Tax Appellate Tribunal from the order dated 08.03.2011 and the same has been exercised. Therefore, this court should not interfere in its writ jurisdiction with the orders passed by the Authorities under the said Act. However, Mr. Pinto very fairly stated that the department will not commence any recovery proceedings against the Petitioner in respect of the present demand till the disposal of its appeal by the Income Tax Appellate Tribunal. 10. In view of the statement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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