2012 (11) TMI 47

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....E JOSEPH, SC, INCOME TAX   P.R. RAMACHANDRA MENON J.   JUDGMENT   The petitioner is approached this Court being aggrieved of the condition imposed vide Ext. P6 order passed by the second respondent so as to have the benefit of interim stay during the pendency of Ext. P2 appeal. 2. The petitioner had earlier approached this Court by filing W.P.(C) No. 6386 of 2012, challe....

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....ble to make out any case of 'financial stringency' and that the assessing authority had reported that the appellant was having sufficient amount in its bank account. This is opposed by the learned standing counsel for the 'department', with reference to the observations in paragraphs 4,5 and 6 of the very same order, who also refers to the second ground raised in the appeal which reads as follows ....

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....e. This Court finds it fit and proper in directing the petitioner to remit 1/3rd of the disputed liability for availing the benefit of interim stay. 4. Accordingly, Ext. P6 order is modified and the petitioner is directed to remit 1/3rd of the disputed liability by way of 'six' equal monthly installments, after giving credit to the amount if any, deposited by the petitioner. The first installme....