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TMI Blog2007 (3) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... . JUDGMENT 1. Learned counsel for the petitioners relies upon the decision of this court in O. P. Khaitan v. Assistant CIT [1999] 102 Taxman 605 (Delhi) in which it has been categorically stated "The guiding factors to be kept in view while considering a prayer for stay of the recovery of the revenue are well-settled. The applicant must have a strong prima facie case. If the recovery is directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances of the case, we are of the view that rather than to fall back on the reasoning in the assessment order, even keeping its close proximity so far as time is concerned, it would be better that the order refusing stay under section 220(6) of the Income-tax Act must be a composite order. That is, it must also specifically deal with the existence of prima facie case. On this technicality the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Income-tax (Appellate Tribunal) Rules, 1963, powers have not been expressly conferred upon the Appellate Tribunal to stay proceedings relating to the recovery of penalty or tax due from an assessee. At the same time it is significant that under section 220(6) the power of stay by treating the assessee as not being in default during the pendency of an appeal has been given to the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Inspecting Assistant Commissioner, in exercise of administrative powers, can give the necessary relief of staying recovery to the assessee but that can hardly be put at par with a statutory power as is contained in section 220(6) which is confined only to the stage of pendency of an appeal before the Appellate Assistant Commissioner. The argument advanced on behalf of the appellant before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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