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2018 (4) TMI 1874 - MADRAS HIGH COURTStay of demand - petitioner to pay 20% of the disputed tax - HELD THAT:- Commissioner of Income Tax (Appeals) as well as before the ITAT, the petitioner has succeeded for the assessment years 2010-11 and 2012-13, and it is the Revenue, which is on Appeal. Therefore, balance of convenience is entirely in favour of the assessee/petitioner, which is also the Government of India undertaking sponsored by the Ministry of Commerce and Industry. Thus, the impugned order, directing the petitioner to pay 20% of the disputed tax is not sustainable in law. For the above reasons, the Writ Petition is allowed, the impugned order is set aside. There will be an order of stay of collection of the tax pertaining to the assessment year 2015-16 till the disposal of the Appeal. The learned counsel appearing for the petitioner submitted that before the matter could be taken up, the third respondent has already taken a demand draft from the petitioner's bankers for a sum. The petitioner is granted liberty to submit a representation to the respondents 2 and 3 for repatriation of the said amount of ₹ 36,00,000/- to the bank account of the petitioner. If such representation is made, the respondents 2 and 3 shall consider the same, bearing in mind the observation made by the second respondent, in the earlier order, dated 31.10.2017 as well as the observation made in the order, dated 01.12.2017, while granting stay of the entire demand. Such decision should be taken within a period of two weeks from the date on which the representation is made.
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