TMI Blog2014 (5) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... idual whose rights are affected by the decision in question. In taxation matters where the Constitution of India itself gives ample indication that the rights of a citizen against arbitrary taxation are zealously guarded, I would think that the requirement of giving reasons to support even a conditional order of stay would not tantamount to unduly burdening the administration. The law has necessarily to strike a balance between the necessity to govern and the rights of those governed. - it would only be just and proper for this Court to set aside Ext.P7 order of the 2nd respondent and direct the said respondent to consider the stay application preferred by the assessee afresh after affording him an opportunity of being heard in the matter - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order directing payment of any amount towards tax/interest pending disposal of the appeal. He has to bear in mind the Constitutional Mandate under Article 265 of the Constitution that there shall be no levy or collection of tax except by the authority of law. In taxation matters therefore, more than in any other matter, reasons must support not only the decision to waive payment of amounts due but also the decision that directs an assessee to make some payments pending consideration of the appeal. No doubt, this would require the adjudicating authority to look into the merits of the matter for the purposes of deciding the extent of waiver from payment that he can grant to an assessee while deciding the conditions for the grant of stay. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law has necessarily to strike a balance between the necessity to govern and the rights of those governed. 5. For the reasons stated above, I feel that it would only be just and proper for this Court to set aside Ext.P7 order of the 2nd respondent and direct the said respondent to consider the stay application preferred by the assessee afresh after affording him an opportunity of being heard in the matter. The 2nd respondent shall comply with this direction within a period of two months from the date of receipt of a copy of this judgment. Needless to say, pending fresh consideration of the stay petition and communicating the order passed thereon to the assessee, coercive steps for recovery of the amounts due from the assessee pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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