2015 (9) TMI 1415

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....ior Standing Counsel ORDER The petitioner is an Income Tax Assessee regarding capital gain. He filed original return for the assessment year 2009-2010 on 17.06.2009 and the same was accepted. Subsequently, it was re-opened and the re-assessment order was passed. Therefore, the petitioner has filed a stay petition before the Assessment Officer/second respondent  to stay the said assessment, ....

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....ent that an appeal against the assessment order passed by the second respondent/Assessment Officer has been filed before the first respondent/Commissioner of Income Tax(appeals) and the same is pending.  Pending disposal of the appeal,  the petitioner has also moved the stay petition and no order has been passed.  In that situation, the present impugned order has been passed.  ....