https://www.taxtmi.com/caselaws?id=27908 A statutory power to stay tax recovery pending appeal must be exercised judicially, bona fide and on relevant considerations, including the nature of the dispute, the prospects of the appeal, the amount involved and the hardship from immediate recovery. The appellate authority's failure to show application of mind or to consider those factors made the stay rejection unsustainable. The existence of a separate remedy before the assessing authority under the proviso to section 40 of the Agricultural Income-tax Act did not negate the appellate authority's inherent power to grant stay so that the appeal is not rendered nugatory. The stay rejection was quashed and collection was stayed pending disposal of the appeal. en-us Fri, 17 Jun 1983 00:00:00 +0530 Tue, 16 Feb 2010 17:13:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=27908 A statutory power to stay tax recovery pending appeal must be exercised judicially, bona fide and on relevant considerations, including the nature of the dispute, the prospects of the appeal, the amount involved and the hardship from immediate recovery. The appellate authority's failure to show application of mind or to consider those factors made the stay rejection unsustainable. The existence of a separate remedy before the assessing authority under the proviso to section 40 of the Agricultural Income-tax Act did not negate the appellate authority's inherent power to grant stay so that the appeal is not rendered nugatory. The stay rejection was quashed and collection was stayed pending disposal of the appeal. Case-Laws Income Tax Fri, 17 Jun 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=27908