Stay of tax demand granted pending appeal after considering prima facie case, hardship, and revenue interest

Stay of the outstanding tax demand was granted pending disposal of the appeal after the Tribunal considered the assessee's financial hardship, prima facie case, the revenue's interest and the balance of convenience. The Tribunal found that these factors justified interim protection, and the demand remained stayed until the appeal is decided.

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Issues: Whether stay of the outstanding tax demand should be granted pending disposal of the appeal.

Analysis: The assessee sought stay on the ground of financial hardship and a strong prima facie case. The Tribunal considered the prima facie case, financial stringency, the interest of the revenue, and the balance of convenience, and found the case fit for grant of stay.

Conclusion: Stay of the outstanding demand was granted till disposal of the appeal, in favour of the assessee.

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