Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

Smt. Saroja Vs ITO (Madras High Court) The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law? The petitioner sought a stay of recovery of tax pending appeal by way of a detailed stay application, wherein specifically an opportunity of hearing was sought for. The petitioner also appears to have canvassed the existence of prima facie case and financial hardship. The Assessing Authority however without even offering an opportunity of hearing has passed the non-speaking order of rejection of stay app...