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2011 (10) TMI 158 - AT - Income TaxBy means of stay application the assessee seeks to get the demand stayed and interest u/s 234B, 234D, 220(2) till the final disposal of the appeal. - Held that:- The learned Departmental Representative contended that if the assessee was seeking stay of demand then at least 50% or 40% of the amount be directed to be paid before taking up of the appeal for hearing. - It is needless to point out that the power of stay by the Tribunal is not likely to be exercised in a routine way or as a matter of course in view of the special nature of taxation and revenue laws. It will only be when a strong prima facie case is made out that the Tribunal will consider whether to stay the recovery proceedings and on what conditions, and the stay will be granted in most deserving and appropriate cases where the Tribunal is satisfied that the entire purpose of the appeal will be frustrated or rendered nugatory by allowing the recovery proceedings to continue during the pendency of the appeal."In view of the forgoing reasons we are of the considered opinion that it is not a fit case for grant of stay of demand
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