2001 (3) TMI 32

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....urnable forthwith. In a large number of matters, this court finds orders being passed perfunctorily by the Department only with the idea of effecting recovery before March 31, though such orders could have been passed earlier in detail and after recording proper reasons. This is one of those cases. The Assessing Officer passed the assessment order on February 5, 2001, under section 143(3) fo....

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.... the stay petition. For the sake of clarity, the impugned order is quoted hereinbelow " "I am directed to refer to your application for stay of demand dated March 13, 2001, and to say that the matter was discussed by the Commissioner of Income-tax, MC-I, Mumbai, with your representative Shri Haresh G. Buch and Shri Yogesh Thar, C. As. from B. S. Mehta and Co. and Shri R. Ramji, Financial Con....

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....ving any reasons. Hence, we intend to lay down certain parameters which are required to be followed by the authorities in eases where a stay application is made by an assessee pending appeal to the first appellate authority. Parameters : (a) While considering the stay application, the authority concerned will at least briefly set out the case of the assessee. (b) In eases where the assess....

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....to go in appeal. However, if the authority concerned comes to the conclusion that the assessee is likely to defeat the demand, it may take recourse to coercive action for which brief reasons may be indicated in the order. (e) We clarify that if the authority concerned complies with the above parameters while passing orders on the stay application, then the authorities on the administrative side....