2020 (7) TMI 541 - HC - Income Tax

Appeal stays interim order pending resolution, court stresses speedy disposal

The appeal was disposed of with the directive for the interim stay order to remain in effect until the appeal is heard and resolved by the appellate ... Stay proceedings - HELD THAT:- Considering the fact that there has been an order of interim stay in force, since 30.05.2019, we are of the view that it would be inequitable to modify or alter the interim order at this juncture, especially, when the main appeal is ripe for hearing before the 1st respondent. Accordingly, the appeal stands disposed of and the interim order granted on 30.05.2019, shall continue to remain in force, till the appeal filed by the appellant before the 1st respondent is heard and disposed of. Since the appeal is of the year 2018, having been filed on 30.01.2018, the 1st respondent is requested to dispose of the appeal at an early date, preferably, within a period of six weeks from the date of receipt of the copy of this order. Issues Involved:Challenge to order passed in stay application, appeal against order of assessment for Assessment Years 2010-11 to 2013-14, interference with order of interim stay, disposal of appeal before the 1st respondent.Analysis:The judgment pertains to an appeal against an order passed in a writ petition challenging a stay application filed by the appellant/assessee in response to an order of assessment for the Assessment Years 2010-11 to 2013-14. The Single Judge found no grounds to interfere with the order passed in the stay application by the 1st respondent/appellate authority. Subsequently, the Division Bench entertained the appeal and granted an interim stay order on 30.05.2019, which has been in force since then. Both counsels agreed that the statutory appeal before the 1st respondent is ready for hearing, indicating a likelihood of early disposal of the appeal.The Court, considering the existing interim stay order and the readiness of the appeal for hearing, deemed it unfair to modify or revoke the interim order at this stage, especially with the main appeal set for hearing before the 1st respondent. Consequently, the appeal was disposed of, with the directive for the interim order granted on 30.05.2019 to remain in effect until the appeal filed by the appellant is heard and resolved by the 1st respondent. The Court urged the 1st respondent to expedite the disposal of the appeal, ideally within six weeks from the receipt of the judgment, emphasizing the importance of a swift resolution. No costs were awarded in this matter.