9911796707
TMI Blog1999 (3) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel for the Income-tax Department. The petitioner's case in this writ petition is that by an assessment under section 143(3) of the Income-tax Act, 1961 for the assessment year 1996-97, the Assessing Officer disallowed some deductions claimed by the petitioner-company and raised heavy demand by way of tax from the petitioner after adjusting the pre-paid taxes. Aggrieved by the said assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted the said petition for stay of demand of the petitioner. The petitioner has now moved this court under article 226 of the Constitution for quashing the orders passed by the Assessing Officer on March 16, 1999, and the Commissioner of Income-tax, Guwahati, on March 22, 1999, rejecting the prayer of the petitioner for stay of demand. Dr. Saraf, learned counsel for the petitioner, submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of the demand and has not recorded any reason in the impugned order dated March 16, 1999, this is a fit case in which the said impugned orders, should be quashed and the matter should be remanded back to the Assessing Officer for consideration of the prayer of the petitioner for stay of the demand in accordance with the said law as laid down by the court in the case of Hardeodas Jagannath v. IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the power to stay a demand in dispute in the appeal on the Commissioner of Income-tax (Appeals), it has now been decided by the courts that the Commissioner of Income-tax (Appeals) as an appellate authority had the power to stay a demand which is in dispute in the appeal before him. He relied on the decisions of the Allahabad High Court in Prem Prakash Tripathi v. CIT [1994] 208 ITR 461 and Tin Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a period of 15 days from the date of filing of such application by the petitioner, The Commissioner of Income-tax (Appeals) will apply his judicial mind to the facts of the case and pass orders on the stay application of the petitioner after hearing the petitioner. Till the Commissioner of Income-tax (Appeals) passes such orders on the application of the petitioner for stay, the demand in dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
