DEBASISH MOULIK Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The petitioner is the assessee in the instant case for the relevant assessment year 1995-96. A demand of Rs. 10,41,633 was raised upon assessment made under Section 143(3) of the Income-tax Act. Being aggrieved the petitioner preferred an appeal before the Commissioner (Appeals). Meanwhile, the petitioner made an application under Section 220(6) of the Income-tax Act before the assessing authority requesting that the demand be stayed on account of pendency of the appeal against the order of assessment and that the petitioner should not be treated as an assessee in default.

(2.) By the order dated January 28, 1998, the assessing authority held that in view of the appeal having been preferred by the assessee, the assessee was requested to pay 50 per cent, of the demand and upon such payment the application for stay would be considered. Seven days' time for payment was granted failing which it was directed that the stay petition shall stand rejected and recovery measures shall be initiated.

(3.) Being aggrieved against the order passed by the assessing authority, the petitioner has filed the writ petition assailing the said order of the assessing authority on several grounds.