2018 (3) TMI 156

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....evan J. Neeralgi, Adv. for Respondent 1. The petitioner-assessee has filed this petition against the interlocutory order passed by the Income Tax Appellate Tribunal ('the Tribunal' for short) 'C' Bench, Bengaluru, rejecting the stay application fi led by the petitioner in the pending appeal before it for the Assessment Year 2013-14. 2. The learned Tribunal by its impugned order dated 06.11.2....

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.... also fairly submitted that the appeal against that order for preceding year has already been preferred before this Court under Section 260A of the Income Tax Act, 1961, which is pending. 4. However, what the learned counsel for the petitioner-assessee Mr. Chythanya urged before the Court is that in paragraph-2 of the impugned order, the learned Tribunal itself observed that besides the main gr....

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....d to be paid subject to the final decision of the appeal itself. Therefore, he submitted that the petitioner- assessee would be ready and willing to deposit even more at Rs. 30 lakhs on or before 30.11.2017 as against Rs. 50 lakhs directed by the learned Tribunal, subject to final decision of the appeal itself and the petitioner-assessee would cooperate and will not seek any adjournment before the....

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....vation of the learned Tribunal that the other incidental grounds may result in substantial reduction in demand raised, though indicates that a prima-facie case of the assessee exists but the extent of that could not naturally have been deferred and computed precisely by the learned Tribunal. The adjudication and determination of such incidental grounds would also depend upon the final decision of ....