1995 (4) TMI 52

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..... to respondent No. 1 to hear and decide the appeal and the stay application filed by the petitioner and not to proceed with the recovery as a consequence of the order passed which is the subject-matter of the appeal itself. The present writ petition pertains to the assessment year 1990-91. The respondent issued notice under section 143(2) of the Income-tax Act and ultimately an order was passed in .....

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..... e 226 of the Constitution of India. However, this is without prejudice to the right of the petitioner to move the appellate authority, namely, the Income-tax Tribunal, for at least disposing of his stay application at an early date. We have no hesitation that in case such an application is made, looking to the facts and circumstances of this case the said Tribunal will pass an appropriate order. .....

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