1994 (2) TMI 43

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..... the order, annexure P-3, passed by the Income-tax Appellate Tribunal, Chandigarh Bench, declining to stay the recovery of Rs. 2.10 crores on account of addition of Rs. 5,19,07,100 to the taxable income of the petitioner-co-operative society by the Assessing Officer by his order dated January 8, 1993. It may be stated that the case of the Department was that the aforesaid amount had been used as a .....

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..... held the field having not been set aside either by the High Court or by the Supreme Court. He made it clear that all that had happened was that the Department had recommended that special leave petition should be filed against the aforesaid decision of the Tribunal. According to Mr. Hemant Kumar, the fact remained that the said decision held the field and, therefore, the petitioner had a good prim .....

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..... ed counsel for the parties and in the facts and circumstances briefly touched upon above, we find that no case had been made out to show that the impugned order had been passed arbitrarily or is the result of non-application of mind or is based on any extraneous consideration and accordingly we are of the view that no case for interference is made out. We accordingly dismiss the petition in limine .....

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