2024 (5) TMI 34

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....ation for stay. The stay application was decided by order dated 29.03.2024 by granting stay until disposal of the first appeal subject to the condition that the petitioner pays 20% of the disputed tax demand. This writ petition is directed against such order. 2. Learned counsel for the petitioner referred to the request for stay dated 21.08.2023 and pointed out that the petitioner had explained the nature of activity carried on by it and that the petitioner has very limited resources and, consequently, would not be able to provide services to the public if directed to deposit 20%. Learned counsel contends that this representation was not taken into account while issuing the impugned order. He further submits that the position taken by th....

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....respondents, the grant of stay is in exercise of discretionary jurisdiction. This Court does not sit in appeal over such exercise of discretion. The limited question to be examined is whether such discretion was exercised in accordance with classical principles formulated in such regard. On examining the impugned order, said order records as under in the operative portion: "5. I have gone through the grounds taken in Stay Petition, the factual report of the Assessing Officer and the reply submitted by the assessee. 6. The assessee has not brought any financial stringency faced by it on record in support of the grounds taken in Stay Petition. It is a fact that the assessee has filed appeal against the assessment order dated....