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2019 (8) TMI 620 - KARNATAKA HIGH COURTStay petition dismissed - proof of financial hardship faced by the petitioner assessee - HELD THAT:- It is ex-facie apparent that the order impugned is a cryptic order passed by the ITAT without assigning valid reasons. No stay petition would have been dismissed outrightly for recovery of the outstanding demand. Even if the petitioner-assessee makes a request to grant an absolute stay, the ITAT has to apply its mind to all the possible avenues that are available for the dispensation of justice. If absolute stay is not possible, parameters of conditional stay has to be examined and an appropriate decision has to be taken in the circumstances of the case. For the foregoing reasons, the order impugned cannot be approved and the same deserves to be set aside. Accordingly, the order at Annexure-G [ 2019 (2) TMI 1379 - ITAT BANGALORE] is set aside and the proceedings are remanded to ITAT for re-consideration. The ITAT shall re-consider the matter in accordance with law and decision shall be taken in an expedite manner preferably within a period of six weeks from the date of certified copy of the order. All the rights and contentions of the parties are left open.
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