TaxTMI 
TaxTMI 
2016 (3) TMI 181
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....e Court : The petitioning assessee complains of a stay petition filed before the appellate authority not being taken up and the Principal Commissioner not attending to an application arising out of Section 220 (6) of the Income Tax Act, 1961. This apparently simple matter raises some issues of importance. For instance, would an administrative practice continuing for half a century permit a quasi-....
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.... of Income Tax (Appeals), is diffident in taking up an application for stay of any recovery proceedings pursuant to the impugned order of assessment notwithstanding the Supreme Court holding in the judgment referred to above that the power of an appellate authority to grant a stay of the order impugned inheres in such authority notwithstanding there being no express provision in such regard. In t....
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.... usual practice, the appellate authority has not taken up the petitioners' application for stay of the order of assessment or stay of any proceedings for recovering tax in dispute. The petitioners point out that apart from the direct provision under Section 220(6) of the Act and the inherent authority of the appellate forum to entertain a prayer for stay of the order impugned as recognised by the....