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2016 (4) TMI 133 - HC - Income TaxNotice of Motion - seeking stay of recovery of the disputed tax of ₹ 62.69 crores - Held that:- Court has been adjourning the present Motion from time to time is because, it appeared that the disposal of the Miscellaneous Application before the Tribunal is imminent. Therefore, this Court was of the view that it may be advisable to not invest time on the appeal and the stay application as in case the Miscellaneous Application is allowed, then the question of entertaining the appeal from the impugned order would not arise. On the other hand, in case the Miscellaneous Application is not allowed and the order dated 6th September, 2013 is left undisturbed then, different considerations would apply as the appeal itself would have to be considered for admission and depending on the view taken thereon, the question of grant of stay of the impugned order and recovery pursuant thereto would have to be considered. The entire exercise of considering the appeal and the stay application may be rendered useless in case, the Tribunal allows the Miscellaneous Application. In view of the fact that Miscellaneous Application is now listed on 1st April, 2016 before the Tribunal, it appears to us from the submission made before us that the disposal of the Miscellaneous Application is likely to take place in the very near future, it would be appropriate to adjourn this Notice of Motion, while granting ad-interim relief in terms of prayer clause (a) to the Motion.
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