2015 (10) TMI 820

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....d Mr.Arvind P.Datar, learned Senior Counsel appearing for the appellant/assessee and Mr.M.Swaminathan, learned Senior Standing Counsel for the respondent/Revenue. 3. As against the two independent orders of assessment, both dated 28.3.2013 relating respectively to the assessment years 2009-10 and 2010-11, imposing upon the appellant, a demand to the tune of Rs. 9.28 Crores and Rs. 81.39 Crores respectively, the appellant filed two statutory appeals before the Commissioner of Income Tax (Appeals). By a common order dated 31.3.2015, the Commissioner of Income Tax (Appeals) dismissed both the appeals. 4. As against the said common order, the appellant filed two independent appeals before the Income Tax Appellate Tribunal along with petit....

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....ore 15.9.2015 for the assessment years 2009-2010 and 2010-11, when the appellant has genuine financial difficulties and does not have liquid cash or assets to pay even fraction of the demand ? and (v) Whether the Tribunal was correct in imposing unreasonable, onerous and impossible conditions in granting conditional stay, which is violative of Article 19(1)(g) of The Constitution and will lead to unnecessary harassment to the appellant ?" 5. A careful look at the questions of law raised by the appellant would show that all of them hinge only upon the questions of fact. But, the underlying issue is that the appellant has a grievance about the fairness of procedure adopted by the Tribunal in dealing with their petitions for stay. ....