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2010 (9) TMI 699 - AT - Income TaxStay application - Search and seizure - Demand - Interest u/s 201(1A) - whether, if what he contends is correct, it would be permissible for the Tribunal to stay recovery of penalty for concealment in a case where no appeal against the order of penalty is pending with the Tribunal and it is only the appeal against the assessment that is pending - it would be anomalous to allow the interest charged under section 201(1A) to be recovered even when the assessee’s appeal against the order under section 201(1) declaring it to be in default is pending in appeal before the Tribunal - the order of stay was one of the terms on which the adjournment sought for by the department was granted and under the aforesaid rule the Tribunal has the power to adjourn the hearing of the appeal on such terms as it thinks fit - such an order cannot be considered as an order of stay and dealt with according - Decided in the favour of the assessee
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