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TMI Blog2013 (1) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) Amount already paid - 6.37 Crore (iii) Amount outstanding - Rs.83.69 lacs. (iv) Percentage of payment - 90% In A.Y. 09-10 (i) Total demand u/s.201(1) & Section 201(1A) as per 201 order- 9.04 crore (ii) Amount paid - 6.62 crore (iii) Amount outstanding - Rs.2.41 crore (iv) Percentage of payment - 75% At the time of hearing, Shri S.N. Soparkar, Sr. Advocate, appeared on behalf of the assessee and explained that in this case, first stay order was granted by the Co-ordinate 'A' Bench on 25.03.2011 up to 180 days or till the disposal of the assessee's case. The first stay was up to 25.09.2011, but the appellant's c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rseas (P.) Ltd. v. ITAT, Prakash Dubey, UOI and HDFC Asset Management Co Ltd. (295 ITR 22), wherein Hon'ble Bombay High Court held that the third proviso to section 254(2A) had not the effect of curtailing Tribunal's power to extend the period of stay. The relevant observation of the Hon'ble High Court is reproduced below: "We are of the respectful view that the law as enunciated in Kumar Cotton Mills Pvt. Ltd. (supra) should also apply to the construction of the third proviso as introduced in Section 254(2A) by the Finance Act, 2007. The power to grant stay or interim relief being inherent or incidental is not defeated by the provisos to the sub-section. The third proviso has to be read as a limitation on the power of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which held that Tribunal did not allow extension of stay beyond 365 days, in view of judgment of Ronuk Industries (supra), Narang Overseas (supra) and Tata Communications (supra), the stay was granted beyond 365 days to the assessee. In the present case, the appeal is pending before the Tribunal and the same is scheduled for hearing. Further, the delay in disposing off the said appeal is on account of the fact that similar issue is already pending for disposal before the Hon'ble Supreme Court of India in the case of Idea Cellular Limited and Bharti Cellular Limited. Therefore, he requested to extend the stay beyond 365 days. At the outset, the ld. CIT D.R. vehemently opposed and drawn out attention in case of Ecom Gill Coffee Trading Priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er reason than that the parties have come to the court alleging prejudice, inconvenience or harm and that a prima fade case has been shown. We consider that where matters of public revenue are concerned, it is of utmost importance to realize that interim orders ought not to be granted merely because a prima facie case has been shown. More is required. The balance of convenience must be clearly in favour of the making of an interim order and there should not be the slightest indication of a likelihood of prejudice to the public interest. We are very sorry to remark that these considerations have not been borne in mind by the High Court and an interim order of this magnitude had been granted for the mere asking, "unquote." Therefore, he requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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