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2020 (10) TMI 940 - HC - Income TaxStay petition - petitioner/assessee has paid a sum nearly 25% of demand - whether the petitioner/assessee has made out a prima facie case for grant of interim orders? - HELD THAT:- When the assessee was unsuccessful before the lower forums for the second time, obviously this would be a factum, which would work against the assessee, while deciding a prima facie case. Infact, the Tribunal in the impugned order, has not foreclosed the assessee's / petitioner's case and it has made an observation that in the appeal, a detailed examination of the orders of the High Court of Delhi and other material has to be made and also, it is required to be examined, whether the interest payment was incurred for business purpose of the assessee or not. There is no perversity or erroneous approach on the part of the Tribunal in not granting an interim order sought for by the assessee. When the Tribunal has failed to exercise its discretion in granting an interim order, the High Court while testing the correctness of the said order, would consider as to whether there was any perversity in the approach of the Tribunal for the High Court to interfere by substituting its opinion. Present proceedings is not an appellate proceedings over and above the order passed by the Tribunal. Infact, the assessee has chosen to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The limits to which this jurisdiction can be extended, especially in taxation matters, are well defined. Thus, in the absence of any perversity in the impugned order, we are not inclined to interfere with the impugned order. Since the petitioner/assessee appears to have been ready for the disposal of the appeal and the matter has been adjourned at the instance of the Revenue, We give liberty to the petitioner/assessee to move the Tribunal with a prayer for early hearing of the appeal and if such prayer is made, subject to the convenience of the Tribunal, the petitioner/assessee can be given a hearing at an earlier date.
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