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2021 (1) TMI 688 - BOMBAY HIGH COURTStay of demand - Recovery proceedings - HELD THAT:- Tribunal has substantially scaled down the condition imposed by respondent No. 2 by reducing the figure of ₹ 100 crores to ₹ 20 crores i.e. ₹ 5 crores for each assessment year to be paid in two installments, subject to which recovery of the balance outstanding demand would remain stayed. On perusal of the said order, it cannot be said that Tribunal did not consider or did not follow the guidelines laid down by this Court while passing the impugned order. Mr. Raichandani may be right in saying that petitioner being a government undertaking, revenue's demand is secured but we are also conscious of the fact that merely because the assessee is a government undertaking, it cannot be treated on a different footing or as a separate category of assessee. Mere fact that it is in a position to safeguard the interest of revenue cannot be a ground to stay the demand. Tribunal has exercised its discretion while passing the order dated 10.06.2020 whereunder reasons have been given as to why petitioner should pay a further amount of ₹ 20 crores against the outstanding demand of ₹ 269,96,26,079.00. The discretion exercised by the Tribunal does not suffer from any infirmity to justify interference by this Court under Articles 226 and 227 of the Constitution of India. Therefore, in the facts and circumstances of the case, we are not inclined to invoke our writ jurisdiction. While declining to interfere in the matter, we are however of the view that Tribunal should expedite hearing of the appeals of the petitioner including the one pertaining to cancellation of registration under section 12AA of the Act. If the petitioner files application for early hearing, the same shall be duly considered by the Tribunal so that the appeals can be decided expeditiously.
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