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TMI Blog2013 (12) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the petitioner and Sri Govind Krishna, learned counsel for the respondents. By means of the present petition, the petitioner has sought a Writ in the nature of Certiorari quashing the order dated 14th February, 2010 passed by the Income Tax Officer, Ward-1 (3), Meerut. The background facts may be noticed in brief. The petitioner filed income tax return for the assessment year 2009-2010. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal and that the petitioner has sufficient fund as cash in hand. Feeling aggrieved by the aforesaid order, the present writ petition has been filed. When the matter was taken up earlier, time was granted to Sri Govind Krishna to obtain instructions as to whether the stay application filed in the appeal has been disposed of or not. Sri Govind Krishna, learned counsel appearing for the Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould not grant stay in tax matters. Only in exceptional circumstances the High Court while hearing the writ petition should exercise its power to grant a relief staying the recovery of disputed tax amount. On a careful consideration of the matter we are of the opinion that these decisions have no application to the facts of the present case for the reason that the stay application has not yet be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of preferably within a period of four weeks and till the disposal of the stay application, the recovery shall be kept in abeyance.
It is further provided that the Commissioner of Income Tax (Appeals) may also consider the feasibility of disposing of the appeal itself on merits within the aforesaid period.
The writ petition is disposed of with the aforesaid observations. X X X X Extracts X X X X X X X X Extracts X X X X
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