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Judgment
Heard the learned counsel appearing for the petitioner. He submits that the assessment order under Section 143(3) of the Income Tax Act, 1961 (Ext.P1) was passed for the assessment year 2014-2015 on 07.12.2016. Feeling aggrieved by the said assessment order, the petitioner preferred appeal along with stay petition (Exts.P2 and P2(a)) before the 2nd respondent-Commissioner of Income Tax (Appeals). In the meanwhile, rectification order under Section 154 of the Income Tax Act came to be issued vide Ext.P3 and the same has been challenged by the petitioner by filing statutory appeal along with stay petition, Exts.P4 and P4(a) before the concerned respondent.
The grievance of the petitioner is to the effect that pending disposal of the stay petitions challenging the assessment order and rectification order, respondents are seeking to recover the amount determined as per the assessment order at Ext.P1. Learned counsel for the petitioner therefore prays for stay of recovery till disposal of the statutory appeals.
Learned Standing Counsel appearing for respondents submits that the recovery of the amount determined under the assessment order cannot be stayed till disposal of the appeals but the recovery proceedings may be deferred till disposal of the stay petitions and the concerned authority be directed to dispose of the stay petitions either in two or three months.
In this view of the matter, as the statutory appeals along with stay petitions are pending before the appellate authority, this writ petition is disposed of with the following directions:
The respondents shall decide the stay petitions at Exts.P2(a) and P4(a) in appeals challenging the assessment order and rectification order within a period of three months from the date of communication of this judgment by the petitioner. Till disposal of the stay petitions, respondents are directed to defer the recovery proceedings commenced pursuant to the assessment order at Ext.P1. The petitioner to supply copy of this judgment to the concerned respondent for compliance.