MR. JUSTICE IRFAN QADIR.-(1). Learned counsel for the petitioner contends that notwithstanding the pendency of appeal the stay granted by the Commissioner Income Tax (Appeals) has Ibrahim Fibres Ltd. Vs. C.I.T. (Audit) [Mr. Justice Irfan Qadir] lapsed. The relevant extract of the stay granting order of respondent No. 2 is reproduced as under:- "The stay shall terminate on the day the appeals are disposed of or 15 days limit completes, which ever is earlier."
2. According to the Learned counsel the main appeal was fixed for hearing on 6-4-2009 but it was adjourned on the request of the department especially when the Learned counsel for appellant was ready to proceed with the case.
3. In this background the appellant moved an application for extension of stay order. The application for extension of interim relief is pending while respondents are adamant at effecting the impugned recovery. In case such an application is pending, respondent No. 4 shall not effect the impugned recovery till the application for extension or the appeal in question is finally decided.
The Commissioner Income Tax (Appeals) is expected to decide the appeal of the petitioner at his earliest convenience preferably within next 2 months. The instant writ petition is disposed of accordingly.