9911796707
TMI Blog1998 (2) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,41,633 was raised upon assessment made under section 143(3) of the Income-tax Act. Being aggrieved the petitioner preferred an appeal before the Commissioner (Appeals). Meanwhile, the petitioner made an application under section 220(6) of the Income-tax Act before the assessing authority requesting that the demand be stayed on account of pendency of the appeal against the order of assessment a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collection of tax, as has been held in a decision of the Supreme Court in the case of ITO v. M. K. Mohammed Kunhi [1969] 71 ITR 815 is an inherent and incidental power of the appellate authority for the effective exercise of the appellate powers. The appellate authority, i.e., the Commissioner (Appeals), thus has an inherent power to grant stay of collection of tax in appropriate cases. Merely bec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of India. I cannot accede to the contention of learned counsel for the petitioner that the petitioner has no other efficacious remedy except invoking the jurisdiction of this court in the light of the judgments of the Allahabad High Court and the Kerala High Court referred to above, which, in turn, are based upon the Supreme Court judgment in M. K. Mohammed Kunhi's case [1969] 71 ITR 815. Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... keeping the writ petition on file as the same can accordingly be disposed of with appropriate directions, as under. If the assessee files an application within one week from this date for stay of collection of tax before the appellate authority before whom the petitioner's appeal is pending against the order of assessment, the appellate authority shall consider the same and pass appropriate orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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