9911796707
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Issues:
- Application for stay of demand under Wealth Tax Act - Exercise of discretion by Wealth Tax Officer - Judicial review of rejection of application for stay Analysis: 1. The case involved a petition by a company challenging the rejection of its application for stay of demand under the Wealth Tax Act. The petitioner had filed an appeal against the Wealth Tax assessment for the year 1957-58 and requested the Wealth Tax Officer not to treat them as in default until the appeal was disposed of. The Commissioner of Wealth Tax rejected the application without providing any reasons. The Wealth Tax Officer then refused the petitioner's request to not treat them as in default and demanded payment by a certain date, prompting the petitioner to approach the High Court for relief. 2. The court referred to Section 31(3) of the Wealth Tax Act, which grants the Wealth Tax Officer discretion to treat an assessee as not in default while an appeal is pending. Citing a Divisional Bench judgment, the court emphasized that the exercise of discretion by the Officer should consider the circumstances of the case, including the complexity of issues, prospects of success in the appeal, economic circumstances of the assessee, and the amount involved. The court highlighted that immediate payment of a large amount pending appeal could constitute hardship and that the Officer should not act solely as a tax-gatherer. 3. The court held that the rejection of the application for stay lacked a judicial exercise of discretion. It noted that the Officer had a closed mind from the beginning, as indicated by the refusal to postpone collection under any circumstances. The court directed the quashing of the rejection order and ordered a writ of certiorari to be issued. The matter was to be reconsidered by the Wealth Tax Officer, emphasizing the need for a judicial exercise of discretion considering all relevant factors. The court clarified that its concern was the proper exercise of discretion, not the merits of the case. 4. The court made no order as to costs and directed that a notice of the hearing be given within a week, with the order to be made within three weeks. A stay of further proceedings for three weeks was granted by agreement of the parties. This comprehensive analysis highlights the legal principles governing the application for stay of demand under the Wealth Tax Act, the importance of exercising discretion judiciously by the Wealth Tax Officer, and the judicial review of decisions regarding stay applications.
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