9911796707
TMI Blog2015 (10) TMI 1755X X X X Extracts X X X X X X X X Extracts X X X X ..... side. Accordingly, the impugned order is set aside. The 1st respondent is directed to consider the stay application afresh keeping in view the instructions in CBDT Circular No.1914 dated 02.12.1993. The petitioner is given liberty to submit further representation and bring additional facts, if any, to the notice of the Assessing Officer. It is needless to mention that an opportunity of hearing may be afforded, if the petitioner so desires. - Writ Petition No. 29448 of 2015 - - - Dated:- 23-9-2015 - G Chandraiah And Challa Kodanda Ram, JJ. For the Petitioner : Mr. S Dwarakanath For the Respondent : Mr. B Narasimha Sharma, Standing Counsel ORDER (Per Honble Sri Justice Challa Kodanda Ram) This writ petition questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is rejected and you are requested to clear off the demand immediately, failing which coercive steps will be taken for recovery of demand as deemed fit. 4. A perusal of the impugned order does not reveal proper appreciation of necessary considerations that are required to be taken into consideration by the Assessing Officer when a stay application is filed before him. The method and manner of considering stay applications by the Assessing Officer, pending disposal of the appeal, are set out in the Central Board of Direct Taxes (CBDT) Instructions No.1914 dated 02.12.1993. The relevant portion of the said instructions read as under: C. GUIDELINES FOR STAYING DEMAND. (i) A demand will be stayed only if there are valid reasons for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in instalments; (c) require an undertaking from the assessee that he will cooperate in the early disposal of appeal failing which the stay order will be cancelled; (d) reserve the right to review the order passed after expiry of reasonable period, say upto 6 months, or if the assessee has not cooperated in the early disposal of appeal, or where a subsequent pronouncement by a higher appellate authority or court alters the above situations; (e) reserve a right to adjust refunds arising, if any against the demand. (iii) Payment by instalments may be liberally allowed so as to collect the entire demand within a reasonable period not exceeding 18 months. (iv) Since the phrase stay of demand does not occur in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
