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2019 (10) TMI 554 - KERALA HIGH COURTStay of Recovery from the savings account of the petitioner towards a tax liability confirmed against the petitioner - assessment years 2011-2012 and 2012-2013 - HELD THAT:- It is not in dispute that as against the orders passed by the Appellate Authority/Assessing Authority, the petitioner defaulted in an amount of ₹ 8,54,509/-. It would normally follow, as a consequence, that on the default committed by the petitioner, he would lose the benefit of the stay order granted by the authority and the entire confirmed tax demand would become payable to the Department. Taking note of the plea of financial hardship urged by the learned counsel for the petitioner, and the fact that, had the petitioner effectively complied with the directions of the first Appellate Authority as also the assessing authority, he would have been obliged to pay only an amount of ₹ 8,54,509/- which he did not - If the petitioner pays an amount of ₹ 15,00,000/- in lieu of the balance ₹ 8,54,509/- that he was required to pay out of the amounts ordered by the Assessing Authority/Appellate Authority, as condition for the grant of stay of recovery of balance amount confirmed against him by the assessment orders, then the respondents shall promptly, and at any rate within two weeks from today, re-credit the balance amount from the amounts already recovered from the petitioner, to the respective Bank account - 2nd respondent Appellate Authority shall thereafter proceed to hear the petitioner and pass final orders in the Appeals Petition disposed off.
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