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    <title>2018 (4) TMI 1643 - MADRAS HIGH COURT</title>
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    <description>A non-speaking rejection of a stay petition was held unsustainable where the Principal Commissioner gave no reasons beyond noting that the first appeal was pending. The absence of even brief reasons showed lack of application of mind, and mere pendency of the appeal was not a valid ground to refuse stay. The court treated the proper course as requiring the assessee to seek stay before the appellate authority in the pending appeal. The rejection was set aside, and no coercive recovery could proceed until the stay request was decided on merits in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=278553</link>
      <description>A non-speaking rejection of a stay petition was held unsustainable where the Principal Commissioner gave no reasons beyond noting that the first appeal was pending. The absence of even brief reasons showed lack of application of mind, and mere pendency of the appeal was not a valid ground to refuse stay. The court treated the proper course as requiring the assessee to seek stay before the appellate authority in the pending appeal. The rejection was set aside, and no coercive recovery could proceed until the stay request was decided on merits in accordance with law.</description>
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      <pubDate>Thu, 05 Apr 2018 00:00:00 +0530</pubDate>
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