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2015 (9) TMI 1415 - MADRAS HIGH COURT

2015 (9) TMI 1415 - MADRAS HIGH COURT - TMI - Demand notice for demand - stay petition - whether the Commissioner has got no power to pass any stay order ? - Held that:- The said contention is not sustainable, when the Appellate Commissioner has got power to modify or set aside or pass any order regarding the demand, that goes without saying that the said Officer without closing the matter has got ample power or incidental power to quash any order, pending disposal of the appeal.

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g Counsel ORDER The petitioner is an Income Tax Assessee regarding capital gain. He filed original return for the assessment year 2009-2010 on 17.06.2009 and the same was accepted. Subsequently, it was re-opened and the re-assessment order was passed. Therefore, the petitioner has filed a stay petition before the Assessment Officer/second respondent to stay the said assessment, which was dismissed. Again, the petitioner has filed an appeal before the first respondent/Commissioner of Income Tax(a .....

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