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2015 (10) TMI 1755 - ANDHRA PRADESH HIGH COURTStay of collection of tax rejected - demand for the AY 2012-13 arose on account of wrong claim of deductions u/s 54 - Held that:- Assessing Officer is required to act in a fair manner and need to consider the stay petition independently and pass a speaking order stating reasons as to why the stay application of the petitioner is not required to be considered, as the order passed by the Assessing Officer may either be upheld or otherwise revised by the appellate authority. In the present case, as the order passed by the Assessing Officer in the stay application being a non-speaking order, the same is liable to be set aside. Accordingly, the impugned order is set aside. The 1st respondent is directed to consider the stay application afresh keeping in view the instructions in CBDT Circular No.1914 dated 02.12.1993. The petitioner is given liberty to submit further representation and bring additional facts, if any, to the notice of the Assessing Officer. It is needless to mention that an opportunity of hearing may be afforded, if the petitioner so desires.
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