2016 (9) TMI 1192

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....he petitioner is a Tamil Nadu State Marketing Corporation Limited, and the challenge herein is to the order passed by the Assessing Officer/first respondent, directing the petitioner to remit 15% of the demand of tax for the assessment year 2013-14, pursuant to the order of assessment passed under Section 143 (3) of the Income Tax Act, 1961 (hereinafter, referred to as 'the Act'). 3. The impugned order has been passed on a Stay Petition filed by the petitioner before the first respondent on 05.05.2016. On a perusal of the copy of the Stay Petition, it is seen that, it is an elaborate Petition, giving various facts under different heads, and, apart from referring to the clarifications issued by the Central Board of Direct Taxes (CBD....

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....tailed submission in their Stay Petition, referring to the factual matrix as well as various decisions of this Court, the impugned order has been passed without taking into consideration any of the points raised by the petitioner. 3. The learned Standing Counsel for the Department, who has accepted notice on behalf of the respondents, seeks time to get instructions and file a counter affidavit. 4. In the light of the above, there will be an order of interim stay. List on 19.09.2016. " 6. Today, when the matter came up for hearing, the learned Standing Counsel for the respondent-Income Tax Department pointed out that the Commissioner of Income Tax (Appeals) - 11 is considering the Appeal Petition filed by the petitioner for other asses....

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....Balance of convenience and iii) Irreparable hardship. 9. Though circulars have been issued by CBDT, the same, at best, can only be a guiding factor to the Officer, and that will not take away the discretion of the Officer while granting interim orders. The Officer, while considering the Stay Application, should consider the three factors pointed out above, should see as to whether the assessee has made out a case for grant of unconditional interim order/conditional interim order, or for rejecting the application for stay, in toto. Therefore, to do such exercise, reasons have to be recorded, and there is no such reasons assigned in the impugned order presumably, because, the first respondent, being a Subordinate Officer, would be bound by t....