The Goa State Co Op. Bank Ltd v. Bakre, Jj.-Date:24Th April, 2013

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 201 OF 2013 THE GOA STATE CO OP. BANK LTD. THROUGH ITS MANAGING DIRECTOR (INCHARGE) SHRI. S. N. BORKAR., VersusTHE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1 (1) AND ANR., ... Petitioner ... Respondents Mr. S. R. Rivonkar, Advocate for the petitioner.Ms. A. Dessai, Advocate for the respondents. P.C. -Coram:A. P. LAVANDE & U. V. BAKRE, JJ.-Date:24th April, 2013 Affidavit-in-rejoinder filed by the petitioner is taken on record. 2. Heard Advocate Mr. Rivonkar for the petitioner and AdvocateMs. Dessai for the respondents. 3. Admittedly, the petitioner has filed an appeal against the orderpassed by the Assessment Officer to the Commissioner of IncomeTax (Appeals) on 25/02/2013. On 28/02/2013, the petitioner has alsofiled an application seeking stay of the demand. 4. The grievance made by the petitioner is that the stay applicationhas not been decided. 5. In our considered opinion, the writ petition can be convenientlydisposed of by directing the Commissioner of Income Tax (Appeals)to decide the application for stay dated 28/02/2013 filed by the petitioner expeditiously. Hence, the Commissioner of Income Tax(Appeals) is directed to decide the application for stay dated28/02/2013 filed by the petitioner expeditiously and in any case,within a period of eight weeks from today. 6. Interim protection granted by this Court on 19/03/2013 tocontinue till the disposal of the stay application. In case any adverseorder is passed on the stay application of the petitioner, the interimprotection granted by this Court to continue for a period of twoweeks thereafter. 7. Writ Petition stands disposed of. A. P. LAVANDE, J. SMA U. V. BAKRE, J.