2019 (4) TMI 1125

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r. Arijit Chakravarty with Mr. Abhishek Tilak for the Petitioner. Mr. Akhileshwar Sharma for Respondent Nos.1 to 3. ORDER P.C.:­ 1. The petitioner has challenged the condition imposed by the revenue authorities for staying the disputed tax and interest demand arising out of the order of assessment pending appeal before the Commissioner (Appeals). The Assessing Officer insists that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd March, 2019 passed by us in this petition, the Tribunal has passed an order dated 29th March, 2019 (as at annexure "P" to the petition) providing an interim formula to enable the petitioner to enjoy stay against the recoveries in relation to the appeals pending before the Tribunal. This formula provides as under: "7. In view of the above, we grant the stay of balance demand and fix thi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is refund. d) The assessee will not seek any adjournment on the fixed date of hearing except in exceptional circumstance and in case assessee want to file paper book, he shall file one week prior to the date of hearing." 2. We are informed that the Tribunal suggests the appeals are likely to proceed for final hearing before the Tribunal on 23rd April, 2019. In the present petition, the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r made pursuant to the interim directions of the Tribunal, the petitioner would have discharged approximately 15% disputed tax and interest liability. We are informed that the petitioner company is in financial hardship. 4. Considering totality of facts and circumstances of the case, we require the petitioner to deposit 5% of the disputed tax of the present year in two equal installments latest....