2019 (1) TMI 858

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....Petition No.255/Bang/2018 dated 02.11.2018. The writ petition is canvassed on the short ground that the Appellant Tribunal while considering and disposing off the application for stay, has failed to look into the materials placed before it and that the reasoning by the Appellate Tribunal that the contention regarding applicability of ALP is restricted to international transaction of the AE has not been contended before the TPO is contrary to the material on record.   3. The learned counsel would invite the attention of the court to Annexure-B, being the reply to the show cause notice dated 18.09.2017 wherein under the headings 'C' Incorrect Computation of Assessee Margin the petitioner has specifically pleaded 'the transfer pricing ....

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....s/revenue would vehemently reiterate the finding and he would contend that the only ground on which the petition for stay can be considered is his financial hardship. In support of his contention he would place reliance on the ruling rendered in the case of Assistant Collector of Central Excise, Chandan Nagar, West Bengal Vs. Dunlop India Ltd. And Others reported in AIR (1985) 1 SCC 260. The learned counsel would take the court through the observation of the Hon'ble Apex Court set out in paragraph 5 which reads as under:- ".......In cases where denial of interim relief may lead to public mischief, grave irreparable private injury or shake a citizen's faith in the impartiality of public administration, a court may well be justified in gra....