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2019 (3) TMI 1478 - MADRAS HIGH COURTStay of recovery - non speaking order rejecting stay petition - HELD THAT:- AO ought to have taken note of the conditions precedent for the grant of stay as well as the Circulars issued by the CBDT and passed a speaking order. Of course the petition seeking stay filed by the petitioner is itself cryptic. Notwithstanding that the assessee may not have specifically invoked the three parameters for the grant of stay, it is incumbent upon the assessing officer to examine the existence of a prima facie case as well as call upon the assessee to demonstrate financial stringency, if any and arrive at the balance of convenience in the matter. see decision of MRS. KANNAMMAL VERSUS INCOME TAX OFFICER WARD 1 (1) TIRUPUR [2019 (3) TMI 1 - MADRAS HIGH COURT] Thus set aside the impugned order dated 07.02.2019, as being mechanical and passed without application of mind. In the light of the above, the Writ Petition is disposed in the following terms: i) The petitioner will appear before the Principal Commissioner of Income Tax-1, the first respondent herein, on 08.03.2019 at 02:30 pm along with a stay petition covering the three (3) aspects as referred to aforesaid. ii) After hearing the petitioner, the Principal Commissioner of Income Tax shall pass a reasoned and speaking order in accordance with law and in accordance with the circulars issued by Central Board of Direct Tax (CBDT) within a period of two (2) weeks from the date of conclusion of the personal hearing i.e. on or before 22.03.2019.
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