KAVITHA RAJAKOTI Vs. INCOME TAX OFFICER AND ORS.

JUDGEMENT

(1.) This writ petition questions the order dated 07.08.2015 passed by the 1st respondent rejecting stay of collection of tax, pending appeal before the 4th respondent, for the Assessment Year 2012 -13.

(2.) Heard Mr. S. Dwarakanath, learned counsel for the petitioner, and Mr. B. Narasimha Sharma, learned Standing Counsel for the respondents.

(3.) The exemption claimed by the petitioner for the amount deposited under the Capital Gains Account Scheme, under Sec. 54(2) of the Income Tax Act, came to be rejected by the 1st respondent/Assessing Officer. Further, the petitioner's claim for exemption on the amount paid after filing of the return also came to be rejected. The petitioner filed an appeal before the 4th respondent and the same is pending. During pendency of appeal, the petitioner filed an application before the Assessing Officer/1st respondent seeking stay of the impugned demand, but the same came to be rejected. Incidentally, it is the same Assessing Officer who passed the Assessment Order. The stay petition came to be rejected observing: