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2018 (2) TMI 1284 - HC - Income TaxRejection of stay application - Held that:- Parameters for consideration of the stay application even under Order 41 Rule 5 of CPC, which governs the Appellate Courts and Civil Courts apply equally to the taxing statutes also. The argument of the learned counsel for the petitioner-assessee is that a high pitch demand has been raised contrary to the decision of the Hon’ble Supreme Court also does not persuade this Court enough to cut short the process of deciding the regular appeal to be heard by the Tribunal against the tax demand of ₹ 145.15 crores and interest to the extent of ₹ 98.83 crores totalling to ₹ 243.98 crores approximately. The assessee had sought Stay of ₹ 172,45,08,305/- of net demand and a sum of ₹ 70 crores had already been paid by the petitioner- assessee. Tribunal had itself given a suggestion in para-2 quoted above of the impugned order, that if the assessee further deposits a sum of ₹ 51 crores in addition to ₹ 70 crores already deposited against the total demand of ₹ 242.45 crores, the Tribunal may consider the grant of Stay for the remaining demand, but since the learned Authorised Representative for the assessee before the learned Tribunal declined the said suggestion, the learned Tribunal proceeded to consider the stay application on its merit and passed the aforesaid order. This Court is not inclined to tinker with the said impugned interlocutory order in the present writ petition because as far as entertaining of the writ petitions against such interlocutory orders under Article 226 of the Constitution of India is concerned, the scales of justice cannot be different for the Revenue and for the assessee, and for this Court, both the parties, in such circumstances, are equally placed.
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