Order rejecting stay application by passing a non-speaking order is liable to be set aside

Assessing Officer is required to act in a fair manner and need to consider the stay petition independently and pass a speaking order stating reasons as to why the stay application of the petitioner is not required to be considered, as the order passed by the Assessing Officer may either be upheld or otherwise revised by the appellate authority. Learned counsel for the petitioner submits that, in similar circumstances, this Court in W.P.No.29198 of 2005 has set aside the stay rejection order passed by the Assessing Officer and remanded the matter back to the Assessing Officer for fresh consideration of the stay application. In the present case, as the order passed by the Assessing Officer in the stay application being a non-speaking order, the same is liable to be set aside.

ANDHRA PRADESH HIGH COURT

THE HONBLE SRI JUSTICE G. CHANDRAIAH AND

THE HONBLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No. 29448 of 2015

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