2013 (3) TMI 513

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....r calls in question the communication of the third respondent in T.R.No.161-V/2012-13/TRO-III, dated 7.2.2013 relating to assessment year 2008-2009, seeking to quash the same and to forbear the third respondent from initiating or continuing with any proceedings for recovery of the disputed demand, pursuant to the order of assessment passed by the first respondent in GIR.No./PAN 835-V/AAEFV5234F in....

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....004. The Unit was fully functional from 1.6.2004 onwards after completion of construction, necessary customs bonding and installation and commissioning of machinery. The Unit was entitled to relief under Section 10-B of the I.T. Act that provided for a deduction of 100% of the profits earned from the activity of manufacture and export. (b) The petitioner filed Return in respect of the assessment ....

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....nd stay petition are pending, the third respondent issued the impugned notice of demand, dated 7.2.2013, calling upon the petitioner to pay the demanded amount within 15 days from the date of receipt of the notice, failing which, recovery action would be initiated. Hence, the petitioner has filed this Writ Petition for the above relief. 3. Learned counsel for the petitioner contended that aggriev....

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....only by the order of this Court, the second respondent-appellate authority could take up the stay petition. 5. It is the cardinal principle that the power of stay is not ordinarily to be exercised in a routine way or as a matter of course, in view of the special nature of Taxation and Revenue laws. Only when a strong prima-facie case is made out and when there is balance of convenience, the Tribu....