GEETHA PHARMA Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The petitioner has assailed order dated 07.02.2020, disposing a stay application filed by the petitioner in respect of a disputed demand arising from order of assessment passed in terms of the Income Tax Act , 1961 ('Act') in respect of assessment year (AY) 2017-18.

(2.) A perusal of the order reveal that there has been no application of mind by the Assessing Officer in considering the trifolds aspects of (i) prima facie case (ii) financial stringency and (iii) balance of convenience, prior to disposal of the application. The impugned order is extracted below:

(3.) The Board desires that appropriate action is taken in the matter of recovery in accordance with the above procedure. The Assessing Officer or the TRO, as the case may be, and his immediate superior officer shall be held responsible for ensuring compliance with these instructions.