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2011 (3) TMI 1118 - RAJASTHAN HIGH COURTStay application - writ petition - Held that:- It is tangible that the appeal has already been pending before the Commissioner Income-tax appeals against the order of the Assessing Officer - The Hon'ble Apex Court has also given a word caution in matters of taxes, cess, fees, etc. that the recovery of taxes should not be stayed - Hence, in view of judgment rendered in the case of United Bank of India v. Satyawati Tondon [2010 (7) TMI 829 - SUPREME COURT] the Hon'ble Apex Court has expected from the High Court not to ordinarily entertain a petition under Article 226 of the Constitution, if an efficacious remedy is available to the aggrieved person., the writ petition filed by the petitioner being not maintainable, deserves to be dismissed and the same stands dismissed accordingly.
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