9911796707
TMI Blog2013 (7) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 19.03.2013 for the assessment year 2009-10. Petitioner is also seeking for a direction to 1st respondent to dispose of the stay application, Annexure-F within a time frame. 2. Heard Sri Ashok Kulkarni, learned counsel appearing for petitioner/assessee and Sri K.V.Aravind, learned counsel appearing for respondent-revenue. 3. It is the contention of Sri Ashok Kulkarni, learned counsel appearing for petitioner that pursuant to assessment order passed by 2nd respondent on 19.03.2013, which was communicated to the assessee on 25.03.2013, immediately thereafter an appeal came to be filed on 01.04.2013 and in the meanwhile, 2nd respondent was contemplating to initiate recovery proceedings against assessee and as such, an application under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le directions being issued to the CIT (Appeals). 5. Having heard the learned Advocates appearing for the parties and on perusal of case papers, it is noticed that subsequent to order of assessment being passed on 19.03.2013, assessee filed an application before 2nd respondent on 28.03.2013, Annexure-D, praying for stay of demand made pursuant to assessment order, which was to the tune of Rs.22,97,950/-. It has been contended that in the said application an appeal is being filed on the grounds stated therein. Reason assigned for staying the demand was on account of such appeal proposed to be filed by relying upon the circular dated 21.08.1969. Assessee had also sought for a personal hearing before the Assessing Officer. 6. It has been cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fund (since reported in (2012) 345 ITR 71 (Bom), this court was constrained to issue a cautionary observation to the effect that Assessing Officers and appellate authorities, when they dispose of applications for stay, act as quasi-judicial authorities and not merely as tax gatherers of the Revenue." 7. The above proposition of law would support the claim of assessee. 2nd respondent is a quasi-judicial authority. It is not doubt true that they are required to protect the interest of Revenue and under the said guise the hardship that would be faced by the assessee cannot be ignored by such officers while exercising the power under Section 220(6) of the Act. A balancing act requires to be done by them. It is because of this precise reason th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; e.g., where the assessment order appears to be unreasonably high-pitched or where genuine hardship is likely to be caused to the assessee. The higher authorities should discourage the assessee from filing review petitions before them as a matter of routine or in a frivolous manner to gain time for withholding payment of taxes. 8. The guidelines have also been issued under said circular and it has been made clear that mere filing of an appeal against the assessment order will not be sufficient reason to stay the recovery of demand and it is further clarified that stay may be granted only in respect of the amount attributable at such disputed points. The said illustration is not exhaustive and only illustrative. Thus, it boils down to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is to be noticed that on rejection of the application for stay, the Bank accounts of the assessee have been attached to by the second respondent in order to safeguard the interest of Revenue. I am of the considered view that it would suffice if a direction is issued to the second respondent to dispose of the application for stay - Annexure-D filed by the assessee to be disposed of within an outer limit of four weeks and till then, the said order of attachment is continued no hardship whatsoever would be caused to the petitioner-assessee. 10. However, at this stage it requires to be noticed that assessing officer has not granted personal hearing to the assessee while adjudicating said application as sought for by the assessee. On this sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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