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2019 (6) TMI 1302 - HC - Income TaxStay petition - recovery proceedings - pre-deposits - HELD TAT:- The very fact that four equal installments are granted by the 2nd respondent indicates consideration of all relevant circumstances including the hardship which was brought to the notice of the 2nd respondent. The case does not warrant interference against the discretion exercised by the 2nd respondent in Ext.P5. He prays for dismissing the writ petition. He alternatively submits that the petitioner since has established a few bona fides by depositing ₹ 98,44,201/- (Rupees Ninety eight lakh forty four thousand two hundred and one only) the four equal installments granted in Ext.P5 can be extended reasonably by this Court. After perusing the Ext.P5, we are satisfied that the condition imposed cannot be treated as arbitrary or unreasonably in the facts and circumstances of the case. The 2nd respondent has granted four equal installments. In all the circumstances granting four equal installments amounts to granting sufficient time for complying with the condition imposed by the appellate authority. But keeping in mind the hardship now pleaded by the counsel appearing for the petitioner as an exceptional case and the exercise of the jurisdiction of the this Court under Article 226 of the Constitution of India, the installments are extended from four to six installments.
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