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2019 (7) TMI 876 - KERALA HIGH COURTStay of recovery - writ against direction/condition of CIT (A) to stay of recovery after payment of 10% of the demand by 30. 04. 2019, and another 10% by 31. 05. 2019 will be stand extended for a further period of one month - HELD THAT:- The said condition is also not complied with. This Court is not pursued to interfere with the condition imposed in Ext. P6 order particularly keeping in view the CBDT circular issued which stipulates 20% of disputed tax could be imposed as condition for granting the stay. The challenge hence fails. After the order is dictated Sri. Sivadas, the learned counsel for the petitioners requests for expeditious disposal of the appeals pending before the 1st respondent for the assessment year 2016-2017. Respondents opposes issuing a direction for disposal of appeal within time frame as may be stipulated by this Court; for, according to him, the petitioners cannot be allowed to have it both ways, i. e. not paying any tax and at the same time insist for expeditious disposal of appeals. Taken note of the order dated 30. 4. 2019 passed by this Court in these writ petitions and also the issue for consideration before the 1st respondent. This Court as an exceptional case directs the 1st respondent to dispose of the appeals within three months from the date of receipt of copy of this judgment. The petitioners, if complies with the condition of depositing 10% within four weeks from today, the petitioners are entitled to the stay of the assessment orders under challenge in the subject appeals till its disposal thereof.
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