TaxTMI 
TaxTMI 
2010 (2) TMI 862
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....al demand of Rs.26,57,94,286/-. Out of this total demand of Rs.26,57,94,286/- the assessee has already paid Rs.12,75,30,152/- and the balance outstanding demand is Rs.13,82,64,134/- against which the present stay petition has been filed by the assessee. 2. Learned Counsel for the assessee contends before us that, originally, the assessee claimed depreciation of Rs.60.00 crores on the brand name. The authorities below declined to allow the claim and as a result of which, the assessee filed appeal before this Tribunal challenging the order passed by the learned CIT(A) which is pending final adjudication. Learned Counsel for the assessee contends that he has a strong prima facie case and reasonable hope to succeed. He has addressed u....
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....g conditions:- That the assessee shall not seek adjournment till the date of final hearing of the original appeal on merit. That the assessee shall not, in any manner, dispose off or otherwise alienate it's fixed assets and fully cooperate in expeditious disposal of the appeal. The Registry is directed to fix the appeal out of turn on 22nd April 2010 for final disposal of the appeal on merit. The requirement of sending notice by registered post with acknowledgement to both the parties is hereby dispensed with. 4. As regards learned Departmental Representative's reliance on the Hon'ble Supreme Court's judgment in the case of Dunlup India Ltd. (supra), we may only refer to the following observations mad....
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....ence of prima facie case. There is the question of balance of convenience. There is the question of irrepairable injury. There is the question of public interest. There are many such factors worthy of consideration. We often wonder why in the case of indirect taxation where the burden has already been passed on to the consumer, any interim relief should be given to the manufacturer, dealer and the like." It will, therefore, be clear that the context in which Hon'ble Supreme Court disapproved the practice of granting interim orders, solely on the ground that a prima facie case is made out, was relevant to the cases in which High Courts were entertaining writ petitions under Art. 226 of the Constitution of India as also the cases in which dis....
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....y but is of ratiowise luminosity within the edifice of facts where the judicial lamps plays the legal flame. Beyond those walls and de hors the milleu we cannot impart the eternal vernal value to the decision, exalting the doctrine of precedents into prison house of bigotry, regardless of varying circumstances and myriad developments, Realism dictates that a judgment has to be read, subject to the facts directly presented for consideration and not affecting those matters which may lurk in the dark". 6. We are, therefore, of the view Hon'ble Supreme Court's obiter dicta should not be perceived as a blind man's walking stick, but as luminosity of a judicial lamp in the light of which we have to perform our obligations of imparting j....