Stay pending appeal requires a subsisting liability; where liability is negatived, interim relief is refused.

Where an assessee's liability had already been negatived by the appellate authority, there was no basis for granting stay pending appeal. The liability would remain postponed until the appellant succeeded in the appeal, but that did not justify interim relief on the facts stated. The stay petition was therefore dismissed.

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Issues: Whether stay of the assessee's liability could be granted pending appeal when the liability had been negatived by the appellate authority.

Analysis: The liability of the assessee had already been negatived by the appellate authority. In that situation, there was no basis for granting stay; the liability would remain postponed until the appellant succeeded in the appeal.

Conclusion: Stay was declined and the stay petition was dismissed.

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