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2018 (11) TMI 650 - GUJARAT HIGH COURTGrant of stay - Department from recovering 80% tax arising out of such additions - Held that:- Prima-facie the question that would arise is the High Court has admitted the Tax Appeal against the quantum additions and also after by-parte hearing and on recording the reasons prevented the Department from recovering 80% tax arising out of such additions, can the revenue proceed to recover the penalty, which is admittedly relatable to such additions. AO undoubtedly has a discretion to grant stay against the recovery of the penalty amount and in the process impose suitable conditions. In any case, the Court in exercise of writ jurisdiction failed as possible, either to stay the demand fully or without conditions. In the facts of the present case what should be the correct approach. We would like to hear the respondents in further detail. To enable the respondent to file reply, let there be notice returnable on 11.12.2018. By way of ad-interim relief, respondents are prevented from carrying further recovery of the penalty.
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