1990 (2) TMI 138

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....lments ?" Inasmuch as, in our opinion, no referable question of law arises out of the order of the Tribunal, we refuse to state a case for the reasons stated below. 2. The assessee in this case filed an appeal for the asst. year 1985-86. During the course of pendency of the said appeal, the assessee requested for stay of demand of Rs. 1,87,357 and interest under sections 139(8) and 215 at Rs. 21,830 and Rs. 74,799 respectively. It was the assessee's contention that the above demand is a result of certain decisions of the authorities below, which were not correct in law and on the facts of the case. It was contended that the assessee was not in a position to pay the above demands due to financial stringency and so requested that the above ....

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....ed that the entire purpose of the appeal will be frustrated or rendered nugatory by allowing the recovery proceedings to continue during the pendency of the appeal before it. 4. The Supreme Court had once again an opportunity to examine the provisions relating to the powers of stay during the pendency of the appeals or references before the High Court, in the case of CIT v. Bansi Dhar & Sons [1986] 157 ITR 665/24 Taxman 11. It was held therein that the power to grant stay is incidental and ancillary to appellate jurisdiction. It was held by the Court that in an appropriate case, if the assessee feels that a stay of recovery pending disposal of the reference is necessary or is in the interest of justice, then the assessee is entitled to ap....