1999 (3) TMI 56

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.... and also Mr. G. K. Joshi, learned standing counsel for the Income-tax Department. The petitioner's case in this writ petition is that by an assessment under section 143(3) of the Income-tax Act, 1961 for the assessment year 1996-97, the Assessing Officer disallowed some deductions claimed by the petitioner-company and raised heavy demand by way of tax from the petitioner after adjusting the pr....

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....h 22, 1999, the Commissioner of Income-tax rejected the said petition for stay of demand of the petitioner. The petitioner has now moved this court under article 226 of the Constitution for quashing the orders passed by the Assessing Officer on March 16, 1999, and the Commissioner of Income-tax, Guwahati, on March 22, 1999, rejecting the prayer of the petitioner for stay of demand. Dr. Saraf, l....

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....scretion on the prayer of the petitioner for stay of the demand and has not recorded any reason in the impugned order dated March 16, 1999, this is a fit case in which the said impugned orders, should be quashed and the matter should be remanded back to the Assessing Officer for consideration of the prayer of the petitioner for stay of the demand in accordance with the said law as laid down by the....

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...., 1961, or the Rules made thereunder conferring the power to stay a demand in dispute in the appeal on the Commissioner of Income-tax (Appeals), it has now been decided by the courts that the Commissioner of Income-tax (Appeals) as an appellate authority had the power to stay a demand which is in dispute in the appeal before him. He relied on the decisions of the Allahabad High Court in Prem Praka....