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TMI Blog2015 (2) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration of the merit or even on the aspect of balance of convenience. Nothing is recorded in the order as to why the ground of bank guarantee for grant of stay is taken into consideration. In our considered view, the order can be said to be nonspeaking order since no reasons are mentioned. When the matter is to be considered for grant of stay against any demand made of tax, it may be required for the authority to prima facie consider the merits and balance of convenience and also irreparable injury. None has been examined nor considered. In any event, as the appeal is pending, we leave it at that. Suffice it to observe that when the application is to be considered and decided, it would be required for the concerned authority to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was only a typographical error for claiming the benefit under section 10A, though wrongly typed as 10B of the Income Tax Act, 1961 (hereinafter referred as the Act ). It is also not in dispute that the petitioner preferred stay application. However, below stay application, vide order dated 25.08.2014 (Annexure D), the said stay application has been initially granted on the condition to furnish the bank guarantee, but subsequently, as the bank guarantee was not furnished, the application is dismissed. Under the circumstances, the present petition before this Court. 4. We have heard Mr. Soparkar, learned counsel appearing for the petitioner and Mr. Nitin Mehta, learned counsel appearing for the respondents. 5. The perusal of the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and if yes on what condition. In absence of any reasons, the order cannot be sustained. 6. In view of the aforesaid, the impugned order dated 28.07.2014 (AnnexureC) and the subsequent order dated 25.08.2014 (AnnexureD) based on the earlier order, are quashed and set aside with the further direction that the stay application shall stand restored to the CIT (Administration) and the stay application shall be considered on merits and appropriate decision after recording the reasons shall be passed. It would also be open to the petitioner to move CIT (Administration) for early hearing of the appeal and if such prayer is made, we are sure that the competent authority shall make attempt to dispose of the appeal. In any event, until fresh orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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