2020 (7) TMI 374

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....ENT 1. Petitioner, a company registered under the Companies Act, is a 'Portfolio Manager' and through instant writ petition assailed Ext.P14 impugned order dated 20-3-2020, whereby applications for stay submitted along with Exts.P5 and P12 appeals preferred against the assessment orders pertaining to assessment years 2017-18 and 2018-19, have been disposed of by commanding the petitione....

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....section 246 of the Income-tax Act along with stay applications. 3. Adv. Sri.P.K. Ravi Sankar, learned counsel for the petitioner submits that the appellate authority vide Ext.P14 impugned order has erroneously dismissed the applications for stay relying upon Circular dated 31-7-2017 commanding the petitioner to deposit 20% of the demanded amount and there is no reference to the arguments or Cir....

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....at Ext.P14 impugned order is not only bereft of the reasonings but has been passed in a most sketchy and mechanical manner. Ext.P14. Operative part of the order dated 20-3-2020 is extracted hereunder:- "With reference to your petition for stay of collection of demand and WP(C) No. 4618 of 2020(B) of High Court of Kerala filed by you in the above mentioned cases. Please note that the CBDT&....

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....mmissioner of Income-tax (Appeals) are also legitimately expected to refer to the arguments submitted in support of the interim prayer sought in support of the memorandum of appeal preferred against the assessment orders and cannot blindly apply the Circular, as in the instant case. Even the order do not reflect whether opportunity of hearing was given to the petitioner nor any advertance to any a....