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2019 (7) TMI 131 - HC - Income TaxStay of the demand being tax penalty - whether the assessee is required to pay the entire amount of demand when the appeal is pending ? - HELD THAT:- It is true that the assessee should establish a prima facie case and should show a balance of conveyance in his favour and also establish that he will be put to irreperable hardship if the demand of entire tax and penalty would not be stayed before the Tribunal. The three cardinal principles which are granted by Civil Courts while granting reliefs are equally applicable before the Quasi Judicial and Tribunal. During the pendency of this writ petition before this Court on account of certain technical errors, the assessee has paid a further sum of ₹ 5,00,000/- and as on date, the assessee has paid ₹ 60,31,279/- as against ₹ 85,53,832/-. This amount paid by the assessee would be sufficient to safeguard the interest of the Revenue. Writ petition is partly allowed and the order and direction issued by the Tribunal is modified and the Tribunal is directed to reckon the payments effected upto date i.e., ₹ 60,31,279/- to be sufficient to protect the interest of Revenue and the Tribunal may proceed to hear the appeal and decide on merits and in accordance with law.
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