2019 (10) TMI 551

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....VANAN For Appellant: Mr. Srinath Sridevan For Respondent: Mr. Karthik Ranganathan JUDGMENT (Judgment of the Court was made by The Hon'ble Acting Chief Justice) This appeal has been filed by the assessee aggrieved by the interlocutory order passed by the learned Income-Tax Appellate Tribunal 'D' Bench, Chennai, on 21.06.2019, for the Assessment Year 2009-10. By the said o....

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....er but held that "therefore it cannot be said that the Assessee company is having prima facie case in its favour on merits". 3.The learned counsel, therefore, submitted that in view of the above self-contradictory observations of the learned Tribunal, in the facts of the case, the interim relief in favour of the Assessee ought to have been granted. The learned counsel also drew our attention to....

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....hether such dis-allowance has been made for the earlier assessment years or not was a relevant fact, which appears to have escaped the notice of the Tribunal, though raised in the stay application filed before the learned Tribunal. Three relevant aspects should be always taken into consideration by all the Tribunals or civil Courts, while considering the stay applications, which are (I) existence ....