2009 (2) TMI 149

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....iled by M/s. New Rupayan Jewellers challenging the order dated November 10, 2008, passed by the Income-tax Officer, Ward-28(3), Kolkata, respondent No. 3 rejecting the application for stay of realisation of the sum assessed as tax due. 2. The facts in brief are that being aggrieved with the assessment order for the assessment year 2006-07 passed on September 18, 2008, the petitioner had filed a....

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....ts and with due importance to the principles of natural justice. I, therefore, do not find it a fit case to grant your petition to stay the recovery proceedings of the said demand. Hence, your above referred petition is rejected. This is for your information with a further request to liquidate the said demand within 7 (seven) days of the receipt of this communication." 3. In order to decide ....

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....eing in default in respect of the amount in dispute in the appeal, as long as such appeal remains pending though the time for payment might have expired. Consequently, a circular dated March 6, 1989, has been issued by the Revenue. Therefore, the Act confers descretion on the Assessing Officer to grant stay of realisation of taxes after protecting the interest of the Revenue. Thus, once the Assess....

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....ssessment. Since discretion has to be exercised in a sound and judicious manner, which in the instant case was not done, the order dated November 10, 2008, under challenge cannot be sustained and is, thus, set aside and quashed. Since appeal has been preferred and is pending, respondent No. 2 is directed to dispose of the appeal preferably within a period of eight weeks from the date of communicat....