2022 (12) TMI 1400

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.... the materials placed on record, apart from the pleadings of the parties. 2. The Petitioner had preferred an appeal under Section 246-A of the Income Tax Act (hereinafter referred to as 'the Act' for brevity) before the Commissioner of Income Tax (hereinafter referred to as 'the Appellate Authority' for brevity) against the order dated 31.05.2021 passed under Section 143(3) of the Act by the First Respondent. As the said appeal was under consideration of the Appellate Authority, the Petitioner had made an application on 08.02.2022 under Section 220(6) of the Act before the First Respondent not to treat him as an 'assessee in default' in which an order dated 13.10.2022 had been passed, as extracted below:- "2. The ....

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....cial stringency faced by an assessment and the balance of convenience in the matter constitute the 'trinity', so to say, and are indispensable in consideration of a stay petition by the authority. The Board has, while stating generally that the assessee shall be called upon the remit 20% of the disputed demand, granted ample discretion to the authority to either increase or decrease the quantum demanded based on the three vital factors to be taken into consideration." It is also brought to notice that while approving the said decision, this Court in Queen Agencies -vs- Assistant Commissioner of Income Tax, Circle-1 (Order dated 08.04.2021 in W.P. (MD) No. 5550 of 2020) has observed as follows:- "13. The order impugned in this wr....