2003 (6) TMI 9

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... fter a period of more than one year, on the ground that more than a year has passed and he had not deposited the amount and therefore the demand cannot be stayed - A perusal of the impugned order shows that discretion which has been exercised by CIT in rejecting the application, does not give any reason nor has it been exercised judiciously, therefore, liable to be set aside. – Petition allowed - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ourt. I have heard Shri Tarun Agarwala, counsel for the petitioner, and Shri Dhananjay Awasthi, learned standing counsel for the respondents. Section 220(6) of the Income-tax Act gives a discretion to the assessing authority to treat an assessee as not being in default in respect of the amount in dispute in the appeal even though the time for payment has expired long back but the appeal has rema .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ncome-tax (Appeals) is directed to decide the appeal filed by the petitioner expeditiously preferably within one month from the date the certified copy of the order is filed before him. The petitioner's counsel undertakes not to take any adjournment in the matter. The petitioner shall not be treated as assessee in default. The order of attachment dated May 23, 2003, shall be kept in abeyance. Th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X