TMI Blog2012 (11) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... ill the application for stay is decided or for a period of 30 days, whichever is earlier, it is directed that no coercive steps be taken against the petitioner for enforcing recovery in question - Considering the facts of the case, there shall be no order as to costs. - W.P. No.17562/2012 - - - Dated:- 5-11-2012 - Krishn Kumar Lahoti And Smt. Vimla Jain JJ. Shri Vishnu Sharma, Advocate with Shri Sumit Nema and Shri Mukesh Agrawal, Advocates for the petitioner. Shri Sanjay Lal, Advocate for respondents. The petitioner has sought following reliefs:- "7.1 To stay the demand created by the respondent No.1 till the appeal is decided by respondent No.3. 7.2 To direct respondent No.3 to hear and decide the appeal of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter with certain directions and prayer of the petitioner is identical. For ready reference the order in Arun Saholt is referred, which reads thus:- "Learned counsel appearing for the petitioner submitted that petitioner's appeals against the assessment order dated 31.12.2010 for the assessment years 2003-04 to 2009-10 are pending before respondent No.3. The petitioner has also filed an application seeking stay of the recovery on 7.1.2011, but till date, the applications in all the appeals have not been considered. It is submitted that respondent No.3 be directed to consider the stay application and also decide the appeal expeditiously. Shri Sanjay Lal, learned counsel appearing for the respondents submitted that a period of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sposed of with following directions:- 1. The petitioner to file an application for expeditious hearing of the stay application, stated to be pending along with the appeal. 2. On filing of such an application, the respondent No.3 shall consider and decide the application for stay, expeditiously, as far as possible, within a period of 30 days, from the date of filing of such application. 3. So far as appeal is concerned, the respondent No.3 shall make an endeavour to hear and decide the appeal expeditiously, as far as possible, within a period of 4 months. 4. Till the application for stay is decided or for a period of 30 days, whichever is earlier, it is directed that no coercive steps be taken against the petitioner for enforci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
