2015 (9) TMI 77

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....s (alongwith interest) pending the disposal of the petitioner's appeal by the Commissioner of Income Tax (Appeals) (CIT (Appeals)) from the order dated 24th March, 2014 passed by the Assessing Officer. 2. The genesis of the present proceedings is the assessment order dated 24th March,2014 passed by the Assessing Officer on reopening the assessment for the Assessment Year 2008-09. The petitioner had in terms of Section 220(6) of the Act sought a stay of demand of tax consequent to the Assessment order pending the disposal of its appeal before the CIT (Appeals). The Assessing Officer by an order dated 10th October,2014 granted a stay of the demand to the extent of 50% of the tax payable till the disposal of the petitioner's appeal ....

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....al Fund Vs. ITO", wherein the Court in its order dated 6th March,2013 has observed that where a strong prima facie case has been made out in its favour by the assessee, the requirement of predeposit would by itself be a matter of hardship. As held by this Court in the Judgment in the case "Mumbai Metropolitan Region Development Authority Vs. The Deputy Director of Income Tax (Exemption1(1) & Ors." in "Writ Petition (Lodg) no.2348 of 2014" dated 29th October, 2014, financial hardship is a factor which may have some bearing, if the authorities concerned are not convinced on a strong prima facie case in favour of the applicant. To illustrate a strong prima facie case would be where, the issue is covered by the decision of a superior forum or b....