https://www.taxtmi.com/caselaws?id=162525 A writ court should not interfere under Article 226 with refusal to stay tax recovery where the statutory appeal scheme conditions the appeal on payment of assessed tax and permits waiver only on proof of inability to pay. "Inability" is assessed by the assessee's financial capacity, and appellate discretion will be disturbed only if exercised illegally or perversely. On the admitted turnover figures, no sufficient financial incapacity was shown, and the authorities had already allowed instalmental deposit. The refusal to stay recovery was therefore upheld, and no writ interference was warranted. en-us Mon, 07 Feb 2005 00:00:00 +0530 Sat, 01 Mar 2014 12:07:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162525 A writ court should not interfere under Article 226 with refusal to stay tax recovery where the statutory appeal scheme conditions the appeal on payment of assessed tax and permits waiver only on proof of inability to pay. "Inability" is assessed by the assessee's financial capacity, and appellate discretion will be disturbed only if exercised illegally or perversely. On the admitted turnover figures, no sufficient financial incapacity was shown, and the authorities had already allowed instalmental deposit. The refusal to stay recovery was therefore upheld, and no writ interference was warranted. Case-Laws VAT and Sales Tax Mon, 07 Feb 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162525