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Court Orders Prompt Consideration of Stay Petition, Grants Stay of Recovery The court directed the third respondent to promptly consider and dispose of the stay petition within two months. The petitioner was instructed to deposit ...
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Court Orders Prompt Consideration of Stay Petition, Grants Stay of Recovery
The court directed the third respondent to promptly consider and dispose of the stay petition within two months. The petitioner was instructed to deposit 10% of the demanded amount within four weeks for the stay application. The court granted a stay of recovery pending the appeal's disposal, emphasizing compliance with legal conditions for the appeal's expeditious resolution.
Issues: 1. Delay in disposing of Ext.P7 stay petition and Ext.P2 appeal by the third respondent.
Analysis: The petitioner sought mandamus to direct the third respondent to consider and dispose of Ext.P2 appeal and Ext.P7 stay petition promptly. The counsel argued that the appeal was filed within the limitation period, with prima facie grounds for stay of the assessment order. Emphasizing the financial loss and irreparable injury the petitioner would suffer if recovery proceeded, the counsel urged for immediate disposal of the stay petition and appeal within a reasonable timeframe.
The Standing Counsel for the respondents contended that the assessing officer had required the petitioner to deposit 20% to proceed with the appeal. Allegations were made regarding the lack of cooperation from the assessee during the assessment process. The counsel maintained that the assessment order was not flawed prima facie and requested the dismissal of the writ petition. However, he did not oppose the disposal of the stay petition promptly, subject to the condition of depositing 20% as directed.
The court, after reviewing the assessment order and the conditions imposed, issued the following directives: a) The third respondent must promptly consider and dispose of Ext.P7 stay petition within two months. b) The petitioner was instructed to deposit 10% of the demanded amount through Ext.P2 within four weeks and provide proof of payment for the third respondent's consideration of the stay application. c) Ext.P2 appeal should also be expeditiously addressed, subject to compliance with legal conditions. d) A stay of recovery pursuant to Ext.P1 assessment order was granted until the disposal of the appeal.
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