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2022 (4) TMI 1154 - TELANGANA HIGH COURTValidity of assessment order - maintainability of appeal - requirement of pre-deposit - HELD THAT:- Both the appellate authority as well as the revisional authority were not justified in out-rightly rejecting the prayer for stay of the petitioner. Power to entertain prayer for stay is incidental and ancillary to the power to hear appeal and revision. It is a discretionary power, which is required to be exercised in a fair and judicious manner balancing the interest of both the sides. Since petitioner has already deposited 12½% of the disputed tax for the purpose of admission of the appeal, it is concluded that if the petitioner deposits a further amount of 12½% of the disputed tax, respondents shall not take coercive steps for recovery of the entire outstanding dues in terms of the order of assessment. It is directed that if the petitioner deposits further 12½% of the disputed tax within a period of 30 days from today, the demand in terms of the assessment order dated 26.03.2021 shall remain stayed till disposal of the appeal pending before respondent No.2 - petition disposed off.
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