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2020 (3) TMI 1030 - HC - Income TaxStay petition - recovery proceedings - grievance expressed by the petitioner is that no opportunity of hearing has been granted prior to passing of the impugned order and the same is cryptic that has not taken into account the prima facie case or the submission of financial stringency that has been made in the detailed stay application filed - HELD THAT:- It is incumbent upon the authority who has jurisdiction to consider the application for stay in proper perspective. Be it an Administrative or Appellate Authority, it is necessary that while considering the stay application, the tri-fold aspects of prima facie case, financial stringency and balance of convenience are taken into account, both to protect the interests of the Department as well as to take into account the submissions of the assessee in proper perspective. It is of the considered view that has not been done in the present case. Hence, the impugned order is set aside. The petitioner will appear before the Principal Commissioner of Income Tax/R1 on Tuesday, the 24th of March, 2020 at 10.30 a.m. without expecting any further notice in this regard along with relevant materials in support of his submission. After taking into account the submissions made by the petitioner, a speaking order shall be passed within a period of four (4) weeks from 24.03.2020, i..e, on or before 21.04.2020. Till such time, no recovery proceedings shall be initiated.
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