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2019 (3) TMI 77 - MADRAS HIGH COURTStay petition - recovery proceedings - the existence of a prima facie case - financial stringency and the balance of convenience - seeking grant of stay as addition made is sixty (60) times of the returned income and the assessment order passed is 'high pitched and biased to the interest of the revenue' - HELD THAT:- Case of MRS. KANNAMMAL VERSUS INCOME TAX OFFICER WARD 1 (1) TIRUPUR [2019 (3) TMI 1 - MADRAS HIGH COURT] to be followed as held AO insisted on payment of significant portions of the disputed demand prior to grant of stay resulting in extreme hardship for tax payers. Assessing Officer ought to have taken note of the conditions precedent for the grant of stay as well as the Circulars issued by the CBDT and passed a speaking order. Of course the petition seeking stay filed by the petitioner is itself cryptic. Inclined to set aside the impugned order dated 11.10.2018, as being mechanical and passed without application of mind. Equally mechanical is the stay petition filed by the assessee, which simply relies upon the circulars issued without reference to the existence of a prima facie case, financial stringency and balance of convenience.
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