TMI Blog2023 (6) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... r to entertain an appeal. Notwithstanding wrong mentioning of the provision, we are of the view that since an application has been filed by the petitioner before the 4th respondent appellate authority, the said authority should consider the stay prayer of the petitioner one way or the other within a reasonable time. We direct the 4th respondent to consider the stay prayer of the petitioner dated 31.01.2023 after giving an opportunity of hearing to the petitioner and thereafter pass an appropriate order in accordance with law. We make it clear that the garnishee notice dated 17.11.2022, as modified on 12.12.2022, will be subject to such order that may be passed by the 4th respondent on the stay petition of the petitioner. - Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be assessment years 2019-20 and 2020-21 for a sum of Rs. 31,65,81,430.00. 4. Be it stated that for the assessment year 2019- 20, petitioner had submitted its return of income on 29.10.2019. Ultimately intimation under Section 143(1) of the Act was issued by the Centralized Processing Centre to the petitioner on 10.11.2020. As per the aforesaid intimation, net amount payable by the petitioner for the aforesaid assessment year was quantified at Rs. 27,70,90,200.00. However, an order of rectification was passed under Section 154 of the Act. Thereafter, petitioner preferred appeal. 5. On a query by the Court, learned counsel for the petitioner submits that the appeal was filed on 28.02.2022. As a matter of fact, two appeals have been pref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the stay prayer of the petitioner dated 31.01.2023 after giving an opportunity of hearing to the petitioner and thereafter pass an appropriate order in accordance with law. 12. Let the above exercise be carried out and concluded within a period of four (04) weeks from the date of receipt of a copy of this order. 13. We make it clear that the garnishee notice dated 17.11.2022, as modified on 12.12.2022, will be subject to such order that may be passed by the 4th respondent on the stay petition of the petitioner. 14. This disposes of the Writ Petition. However, there shall be no order as to costs. 15. Miscellaneous applications pending, if any, in this Writ Petition shall stand closed. 16. Petitioner to communicate a copy of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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