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Court Sends Tax Stay Case for Review Due to Missing Factors: Prima Facie Case, Financial Stringency, Balance of Convenience.

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....Stay of demand - recovery proceedings - pre-condition for grant of stay of recovery - the actual tax to be demanded, ranging from 0% to 100%, would depend upon the existence of three factors, viz., (i) prima facie case, (ii) financial stringency and (iii) balance of convenience and it is only upon a consideration of the aforesaid factors that the officer would dispose an application for stay. - This discussion does not find place in the present impugned order - Matter restored back - HC....

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