Stay of recovery refused where Tribunal's deposit and security conditions were not met and appeal was already fixed for hearing

Where a stay of recovery was sought while the assessee's appeal remained pending before the Tribunal, the High Court found no basis to interfere with the Tribunal's refusal of stay. The Tribunal had imposed deposit and security conditions as reasonable terms for interim relief, but the assessee did not comply with them, and the request for an expedited hearing had already been accepted with the appeal fixed for final hearing. On these facts, the Court declined interference and rejected the request to stay recovery proceedings.

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Issues: Whether the writ petition seeking stay of recovery proceedings, when the assessee's appeal was already pending before the Tribunal and the Tribunal had declined stay for non-compliance with the terms imposed, deserved interference.

Analysis: The demand was substantial, and the Tribunal had required a deposit and security as reasonable terms for grant of stay. The assessee was unable to comply with those terms, whereupon the Tribunal declined to stay recovery. The alternative request for expeditious hearing of the appeal had already been accepted, and the matter stood fixed for final hearing. In these circumstances, no ground was made out for the Court to interfere with the Tribunal's order.

Conclusion: Interference was declined and the request to stay recovery proceedings was rejected.

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