While deciding stay Application AO Has To Be Fair To Assessee

Nishith Madanlal Desai vs. CIT (Bombay High Court)

It was held  that The power which is vested in the Assessing Officer under Section 220(6) and for that matter that which is conferred upon the CIT (Appeals) to grant a stay of demand is a judicial power. It is necessary for both the Assessing Officer as well as the Appellate Authorities constituted under the Income Tax Act, 1961, to have due regard to the fact that their function is not merely to act as tax gatherers, but equally as quasi judicial authorities, they owe a duty of fairness to the assessee.

HIGH COURT OF BOMBAY

WRIT PETITION NO. 653 OF 2012

Nishith Madanlal Desai.

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