When the application for stay was pending Bank account was attached and recovered the tax. The assessee filed writ petition before High Court . Allowing the petition the Court held that  in exercising the power of stay, the Income Tax Officer should not act as a mere tax gatherer but as a quasi judicial authority vested with the public duty of protecting the interest of the Revenue while at the same time balancing the need to mitigate hardship of the assessee. Though the assessing officer has made an assessment, he must objectively decide the application for stay considering that an appeal lies against his order: the matter must be considered from all its facets, balancing the interest of the assessee with the protection of the Revenue.  Accordingly, the impugned order dated 31.01. 2020is hereby set aside and quashed. Further, the attachment of the bank account of the Petitioner being Account No. 4251570000839 in HDFC Bank, Chembur, Mumbai, is also set aside.  subsequent order dated 03.03. 2020  passed by Respondent No. 2 would also stand set aside and quashed. The matter is remanded back to Respondent No. 1 for a fresh consideration of the stay application of the Petitioner dated 22.01 .2020  in accordance with law, keeping in mind the discussion made above. The stay application be decided within a period of six weeks from today. Relied  UTI Mutual Fund v. ITO ( 2012  )345 ITR 71 (Bom )(HC) KEC International Limited v. BR Balakrishnan(2001) 251 ITR 158 (Bom ) (HC)   (AY. 2012-2013)