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2013 (12) TMI 367 - ALLAHABAD HIGH COURTStay of recovery - Held that:- The stay application has not yet been disposed of by the Commissioner of Income Tax (Appeals) - More than two months have gone by now - Object of filing of the stay application is to get instant relief - If the department authority has not taken care to disposed of the stay application, this Court is left with no option but to grant an interim protection to the petitioner, till the appeal is finally adjudicated upon - An aggrieved person should not be left remedyless. Non consideration of stay application and pressing the demand is arbitrary exercise of power - The stay application may be heard and disposed of preferably within a period of four weeks and till the disposal of the stay application, the recovery shall be kept in abeyance - Decided in favour of petitioner.
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